HomeMy WebLinkAboutRCC AGENDA PK 2002/11/04
RESOURCE CONSERVATION COMMISSION INFORMATION MEMO
TO: Resource Conservation Commission
VIA: Marilyn R.F. Ponseggi, Environmental Review Coordinator
From: Lynnette Tessitore-Lopez
Subj ect: Mills Act Contracts
Date: November 4, 2002
BACKGROUND:
Staff, in accordance with Council Policy Number 454-01, has prepared contracts for the owners of
historic homes who want to participate in the Mills Act program. Upon recommendation by the
Resource Conservation Commission, the contracts will be forwarded to City Council for
consideration and authorization for the Mayor to sign the contracts which will then be forwarded to
the County Assessor's office for recordation, making the properties eligible for tax credit in the
2002 tax year.
RESOURCE CONERY ATION COMMISSION AUTHORITY:
In accordance with Council Policy Number 454-01, Mills Act Contracts shall be reviewed by the
Resource Conservation Commission and recommended for approval by the City Council.
DISCUSSION:
This is the second year of the Mills Act Program in Chula Vista. On May 29, 2001 Council adopted
a policy that allows the City of Chula Vista to enter into Mills Act Agreements with owners of
properties, which are on Chu1a Vista's List of Historic Sites, These agreements will help provide
the property owners financial assistance in the fonn of property tax relief. Staff, with the approval
of the City Attorney has prepared contracts that have been entered into by the owners of historic
homes who want to participate in the Mills Act Program.
Staff has met with the homeowners of the following 10 homes who have applied to participate in
the Mills Act Program:
L 292 Sea Vale Street, Chula Vista 91910: The Harold Payton House
2. 209 "I" Street, Chula Vista 91910: The Sumner-Lee House
3, 190 "K" Street, Chula Vista 91910: The Erie Halliburton House
4. 840 First Street, Chula Vista 91910: The Mary Drew House
5, 462 "E" Street, Chula Vista 91910: The Cleaton Robertson House
6. 7 Cresta Way, Chula Vista 91910: The Hadley Johnson House
7, 415 Hilltop Drive, Chula Vista 91910: Southern Beauty
8. 616 Del Mar Avenue, Chula Vista 91910: The Edwin T. Smith Sf- House
9. 382/384 Del Mar Avenue, Chula Vista 91910: The First Woman's Clubhouse
10,671 Fourth Avenue, Chula Vista, 91910: The Haines House
Staff, together with each homeowner, has determined a list of potential improvements to the
property to be completed over the next 10 years, Some of the potential improvements include:
painting the homes with historic colors, new roofs, and general maintenance and repairs that will
help retain the property's historic character. Subsequent to this each property owner signed the
contract thus showing their agreement to the provisions of the contract
Prior to the City entering into each ofthe Mills Act Agreements, each Agreement must be reviewed
by the RCC and a recommendation made to City Council. Once the RCC makes a recommendation
to the City Council, staff will forward the contracts to the City Council. Upon approval by the City
Council, the Mayor will sign the contracts, which will be forwarded to the County Assessor's office
for recordation,
Conclusion:
Each of the homeowners has voluntarily applied to participate in the Mills Act Program, thus
indicating their commitment to preserve the historic character of their homes. Staff requests that
the RCC make the recommendation to Council to approve each ofthe Mills Act Contracts.
Attachments
L Mills Act Contracts
2, Photos of the properties
J:\Planning\Lynnette\counci1\rnills act contracts rcc memo 2002.doc
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P,O, Box 1087
Chula Vista, CA 91912
U This Space for Recorder's Use Only U
APN(s) 573-23] -05-00
M]LLS ACT AGREEMENT
For property located at 671 Fourth Avenue, Chula Vista, CA 9] 910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Charles Soderbery and Vickie Bentley ("Owners'}
RECITALS
WHEREAS, California Govcrnment Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that ccrtain real property, together with
associated structures and improvements thereon, Asscssor Parcel No,573-23] -05-00, and
generally located at the slreet address 67] Fourth Avenue, Chula Vista, California, 9] 9] 0, (the
"Historic Site'}
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 8, pursuant to Chula Vista Municipal Code
Section 2.32.070, A-F,
WHEREAS, City and Owncr, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article L9, (commencing with Section 439) of Chapter 3 of Part 2 of Division ] of
the California Revenue and Taxation Code (and as amended from time to time),
NOW THEREFORE. in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of6
Mills Act Contract
L Compliance with Council Policy, Owner shall comply with Council Policy Number 454-
o I incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
bc subject to the following conditions, requirements, and restrictions:
a. Owner should prcserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvcments, drafted by the Owner (Attachment B).
b. Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood, The following conditions arc prohibited:
L Dilapidated, deteriorating, or unrepaired structures, such as: fenccs, roofs,
doors, walls and windows;
1L Scrap lumber, junk, trash or debris,
11L Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniturc, stoves, refrigerators, cans,
containers, or similar items;
IV, Stagnant water or excavations, including pools or spas;
v, Any device, decoration, design, structurc or vegetation which is unsightly
by reason of its hcight, condition, or its inappropriate location,
c- Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a rcquest is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d. The owner shall allow visibility ofthe cxterior of the structure from the public
right-ot:way,
e. Should owncr apply to the City for a permit for demolition, substantial exterior
alteration or rcmoval of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
Page 3 of6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site, In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5. Enforcement of Agreement In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a default under the
provisions of this Agrcement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrccted to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligcntly pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
ofterms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate, City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement All other remedies oflaw or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the evcnt there is a breach of this Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to bc a waiver of any other
subsequent breach thereof or dcfault hereundeL
6. ßin<:ling Effects of Agreement The Owner hereby subjects the Historic Sitc to the
covenants, rcservations and restrictions as set forth in this Agreement City and Owner
hereby declare their spccific 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 Historic Site.
Each and every contract, dced, or other instrument hereinalìer executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject (0 the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument City
and Owner hereby declare their understanding and intent that the burden of the
covenants, rcscrvations, and restrictions set forth herein, touch and concern the land, in
that Owncr's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and OwneL
L Effective Date and Term of Agreement This Agreement shall be effective and
commence on December 10, 2002 (bnt no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (10) years
thereafter. Each year upon the anniversary of the effective date, such initial term
win automatically be extended as provided in paragraph 8 below.
2, Renewal. Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term of this
Agreement unless notice of non-renewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agreement Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal trom City, Owner may make a
written protest of the notice, City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewal. If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in efTect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
, Notice, Any notice reqnired to be given by the terms of this Agreement shall be
.).
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party.
To City: City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Charles Soderbery and Vickie Bentley
671 Fourth Avenue
Chula Vista, CA 91910
Page 50f6
Mills Act Contract
10, General Provisions.
a, None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b, Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to havc been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site,
c. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any nlanncr whatsocver.
d, I n the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thcreof~ shall not be effected thereby.
c. This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public, Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf
f. This Agreement shall be construed and governed in accordance with the laws of
the State of California,
II, Recordation, No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego,
g Amendments, Tbis Agreement may be amended only by a written and recorded
instrument executed by the parties hercto
Page 6 of6
M ills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to form:
John Kahcny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL
A TT ACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
L A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environmcnt
2. The historic charactcr of a property shall be retained and preserved, The removal of
historic materials or alterations of features and spaccs that characterize a property shall be
avoided.
3, Each property shall be recognized as a physical record of its time, place, and use,
Changes that create a false sense of historical development, such as adding conjectural
features or architcctural elements from other buildings, shall not be undcrtaken.
4, Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5, Distinctivc fcatures, tìnishes, and construction techniques or examplcs of craftsmanship
that charactcrize a property shall be prcserved,
6, Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7. Chemical or physical treatments. such as sandblasting, that cause damage to historic
materials shall not be used, The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible,
8, Significant archaeological resources affected by a project shall be protected and preserved,
If such resources must be disturbcd, mitigation measures shall be undertaken.
9. New additions, cxtcrior alterations, or related ncw construction shall not destroy historic
materials that characterize the property. Thc new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment
1o, New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future. the essential form and integrity of the historic
property and its environment would be unimpaired,
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
JODI fioj1Rf:;¿ LI~" ~hll
&. Of}O cS£nt1/t ..er Y-j,sk ''!- ..
&oò2 I (ìf/1 eJl/2fC¡ ~!(\ / telS
I q rø- fre'ßtl f- e' /J!¡)r fc¡ I! ?ccr.{! (OI/~r]W'-<;A )
Please list the improvements and restorations that you intend to make over the next 10
years, List them in order of your priority based upon anticipated need for proper
maintenance,
PRIORITY IMPROVEMENTfRESTORA TIONS
jewel' It,},¿- K-f'PfC¿é'''£'YJ'fYi1f
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ro liJt< ,"
Kf?..l()órL e ¡(I ':ihf~ úJ/llc!Ol.<o ,':, . .. h
~ þ«<..k f'(:.rL
a'r'J1f'/Pk ,?n,J¿(J.J(./:: 01'1 -
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement
Date: Signature: t4&¡~~>'7
CITY OF C:iUL.; \'ISTA
PLA,,'NI:'iG & BUILDING DEP<.F.T!v\E:"J Mills ACi:
GIrO' 27ó FD'..l.:"1.t _L.\'~ue
GlLJ'.A Vb!A. ChulaVs...é...C.t., 919jC !.PPLICATION FOPJvf
I Þ..PPLICAJ"T/OWJ\~R INFORMATION f ~~-~~-:-:-:-:~'c-.
I í~---~~~~'~
AppficanVOwner Name: ChC\rles Sodert!.e(\/ I Case #:
¡ t Dàte SubmitL<>d:
ApplicarrJOwner Address: [¡,r¡ \ ~th AýtJrliJ-p .
Phone: \p\q-l~\- !:fjCj{) #f/~ D\\ I
Secondary Owner Name: \j \ (,\(\ f' g-Pf\T\.f'<0 -~ '\¡~
- (-Y .
I /D? ':)' \&
Owner Address: lor¡ \ 4th A {ù1I.\~ .) \X) '\. ~'
Phone: (01 (l-(;CJ \- ')00, r, r'( \ JC-
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OW1'I'ERAPPROV AL IS REQ~ ,
I
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- N.t>J\1E: \h r·Y.I~/! n~ - I
"'M SJGNATURE: ffluf'J¡--J <0> (A"H.f.M
DATE: /'2-/3-6 . .. ~ rf I
,
, PROPERTY INFORM..4TION n
Property Address: lo~\ Y+hAýen¡¡f &v. \ ð- "ISh O¡\c\\D ...-
Assessor's Parcel Number (Required): 5'1 ~ - ()'31 - 05 - {)() Zone:
I
II ffiSTORIC!LAl\:'DMA.RK I!\!"FORM...\TION _~_ I
1/1
is the site designated as Historic? '£h .:.ttï --
X /
If yes, where? Lo:;a] State ~Natí:'nal Date of Designation:
Is the site on t'le Loca! Register Listing? '-ies
,
, If yes, Date of Listing:
IPROPOSEDSTRUCTlŒEÆMPRO\~ME~~ I
II
Tne goal of the Mills Act Program is to encourage the use, maintenance, and restoratiDn of historical prDperties
and retain their characteristics as properties of historical significance, Piease list restoration improvements,
either specific or genera!, t'Jat you/the owner intend to carry out to achieve/maintain the goal of the Mills Act
Prog¡:am (At+cach a separate sheet if necessary) ee - [J Ii{ h \\1 ~. <kVi
!~(¡ 'P" N,¡; ,; t. <, No I ~<LIe( , , ^ " -.Óp , ~
r Vt ' J' , "
n" I':> ¡::: ...,<; 'rï ,,~ /> Y -, R..;>-lt~.Y e.:"s-h"'J ¡,),y"l" '" r- eo, hr,-+{,,'D"<"
nrl(' Lc.YJ I , õV
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+nm +we. lipr,!I?;rcy IbM 'f'ù,roid ,ht"....., L Yr<nbClS '~Pr iè.rvJSo'r'~) ('ó""'{'Jiprp
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Record;ng Requested by and
Please Return to:
City Clerk
City ofChula Vista
P,O, Box 1087
Chula Vista, C^ 91912
1J TMs Space/ur Recurder's Use Only 1J
APN(s) 574-010-02-00
MILLS ACT AGREEMENT
For property located at 415 Hil1top Drive, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and David B. Camarata and Marguerite T Camarata ("Owners'}
RECITALS
WHEREAS, California Government Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 574-0 I 0-02-00. and
generally located at the street address 415 Hilltop Drive, Chula Vista, California, 9]910, (the
"Historic Site'}
WHEREAS, after a public hearing, the Chu]a Vista City Council declared and designated
the above property as Historical Site Number(s) 59, pursuant to Chula Vista Municipal Code
Section 232,070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
IIistorical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article L9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Tm,ation Code (and as amended Üom time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of6
M ills Act Contract
L Compliancc with Council Policy, Owner shall comply with Council Policy Number 454-
° I incorporated herein by this reference.
2, Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a, Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amcnded from time to time (Attachment
A), Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B),
b, Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood, The following conditions are prohibitcd:
L Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, wal1s and windows;
IL Scrap lumber, junk, trash or debris.
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v, Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location,
c, Owner shal1 al10w reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d, The owner shall al10w visibility of the exterior of the structure from the public
right-of-way.
e, Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shal1 attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is compIcted no longer than three
(3) weeks after owner submits such application to the City,
f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shal1 comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit
, Information of Compliance, Owner hereby agrees to furnish City with any and all
-'.
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. çancel1ation, City, fol1owing a duly noticed public hearing as set forth in California
Government Code Sections 50280, et selh may cancel this Agreement if it detennines
Page 301'6
Mills Act Contract
fhat Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, ct seq.
5, Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and ifsuch
a violation is not corrccted to the reasonable satisíàction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenccd within thirty
(30) days and must thereafter bc diligently pursued to completion by Owner), then City
may, without furthcr notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply tor such other relief as may be appropriate, City
docs not waive any claim of default by Owner if City does not enforce or cancel this
Agreement All other remedies oflaw or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the evcnt there is a breach of this Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6, Binding EfIects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement 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 Historic Site,
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereoí~ 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 restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and coneem the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site tor the
benefit of City, the public, and OwncL
L Et1èctive Date and Term of Agreement This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (10) years
thereafteL Each year upon the anniversary of the effective date, such initial term
will automatically be extended as provided in paragraph 8 below.
2, Renewal. Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term of this
Agreement unless notice of non-renewal is mailed as provided herein, If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal datc of the Agreement Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal datc, one (I) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice, City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewal. If either City or
Owner serves notiee to the other of non-renewal in any year, the Agreement shall
remain in dIcct for the balance ofthe term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply,
3. Noticc, Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party.
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): David and Terry Camarata
415 Hilltop Drive
Chula Vista, CA 91910
Page 5 of6
Mills Act Contract
10, General Provisions,
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise,
b. Owncr agrees to and shall hold City and its elected officials, ofìicers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site, Owner hereby
agrees to and shall defcnd the City and its clected Officials, officers, agents, and
employees with respect to any and all actions fi"r damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site, This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
c, All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any n1allner whatsoever.
d, In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions.
or portions thereof, shall not be effected thereby,
e, This ^greement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof; to the satisti¡ction of City, that the agent or representative has authority to
act on Owner's behalf.
f. This Agreement shall be construed and governed in accordance with the laws of
the State of California,
"Ie Recordation, No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this ^grcement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments, This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
-
Approved as to f()rm:
John Kaheny. City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATT ACII A SFP ARA TE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
l. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2. The historic character of a property shall be retained and preserved, The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
3, Each property shall be recognized as a physical record of its time, place, and use,
Changes that create a false sense of historical development, such as adding conjectural
featurcs or architcctural clements from other buildings, shall not be undertaken,
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5, Distinctive features, finishes, and construction teehniques or examples of cratlsmanship
that characterize a property shall be preserved,
6, Deterioratcd historic featurcs shall be repaired rather than replaced, Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall mateh the
old in design, color, texture, and other visual qualities and, where possible, materials.
7, Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be usecL The surface cleaning of structures, if appropriate, shall be
undeliaken using the gentlest means possible,
8, Significant archaeological resources affccted by a project shall be protected and preserved.
If such resources must be disturbed, mitigation mcasures shall be undertaken.
9, New additions, exterior alterations, or relatcd new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall bc compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the propcrty and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that ifrel110ved in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
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¿;I~ {~-i J ¿u/U-i'1!~r Ju,'J ~{/1 , "CO~~'><- '1 jt¿'r'//'"u"j ,
)i!v Ý¿<N "--'/
Please list the improvements and restorations that you intend to make ovcr the next 10
years_ List thcm in order of your priority based upon anticipated need for proper
maintenance,
PRIORITY IMPROVEMENTlRESTORA TIONS
-; , ju"-'-ri:ßc.¿.J- ) /-'. 1 L-~~~J d )11.tL<-/ LblV:>-"Y¿-C~
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OWNER CERTIFICATION:
I certify that I am presently the 1egal owner of the subject property _ Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement ~
Date: Signature:
~¿?;
CITY OF CHULA VISTA
PLANNING & BUILDING DEP^.RTMENT J\1ills Act
G1Y Of 276 FOUIlÌl Avenue 1
CHULAVISIA Chula Vista. CA 9]910 APPLICATION FORM
I' APPLICA.NT/OWNERINFORMATION II Case #
Applicant/Owner Name: D /1 V f d. ;;9. êéÆ//1{tr- a.hG Date Submitted:
Applicant/Owner Address: /f 15 '-JJtLLIr.:p fJ-uv(¿ cii: {J! . / -L ., '
(ç / I 11 / //6 41J I/V> C7'/<j/O /1, c/ ;/) ií,'!./~I,
, /0' 2':' B '-¡ - (P / ,~,~ 'cJ ",7 . / )
Phone. "/. 1 I ¡, --:-~,-"ll..r/ -r;: '~/""'0' c/
Secondary Owner Name: }n/1'i.C1~~ I t //./Y7a/ê'é<h-,-, . .' --
J
Owner Address: ó~ tLQ
Phone: O-I/t;lrf
OV,'J'o'ER APPROVAL IS REQUIRED
NAME: MVlCJ 6 ÚV>1cJ[cJr,,-, NAME: rnaÆ':Jfft:/(C œ.//)Jr7RatPJ
SIGNATURE: SIGNATURE: >LA! I
DATE: fol3ló/ DATE: /6/'1/01
II PROPERTY IN FORMA nON II
Property Address "'1/ 5 'iJ/ / / lop .LYLII/-£ ~ V¡J J,q Úl q 19 ID
,
Assessor's Parcel Number (Required): 57 ¥ - 010 - () 2 - 0 0 Zone: ¡( /
II HISTORIC/LANDMARK INFORMATION II
Is the site on the Local Reoister Listing? Yes ! No '-¥:<== .- ,~' c,
~ ~ -------. ----..,. -..,
J ¡ ¡ --.r---:'"' . ::::" I, ~__; /
Date of Designation . -. ~-j (.-- j
Is the site designated as Historic on the State andlor National Register?
Date of Designation: c-=:- _/ -: ~, ~. .'~
I J - ~~--Y:..-.. c-.,~
I PROPOSED STRUCTUREIIMPROVEMENT I[
The goaJ oflhe Mills Act Program is to encourage the use, maintenance. and restoration of historical properties and retain their
characteristics as propenies of historical significance. Please list restoration improvements. either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program, (Attach a separate sheet if necessary)
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Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P,O, Box 1087
Chula Vista, CA 91912
n This Space for Recorder's Use Only D
APN(s) 566-072-08-00
MILLS ACT AGREEMENT
For property located at 292 Sea Vale Street, Chula Vista, CA, 91910
TillS AGREEMENT is entered into by arrd between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Edward L Seefried and Bruce B. Hart("Owl1ers").
RECITALS
WHEREAS, California Governm~nt Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to cnter into eontrads with the owners of qualified historical properties to
provide for the use, maintenance, and res :oration of such historical properties so as to retain their
characteristics as properties of historical :;ignificance.
WHEREAS, Owner possesses fe~ title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No._566-072-08-00, and
generally located at the street address 29:: Sea Vale Street, Chula Vista, California, 91910, (the
"Historic Site'}
WHEREAS, after a public hearin:s, the Chula Vista City Council declared and designated
the above property as Historical Site Number 51, pursuant to Chula Vista Municipal Code
Section 2,32.070, A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve t he characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 ofPar! 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE. in consideratio1 of the mutual benctits and covenants, City and Owner
agree as follows:
Page 2 of6
Mills Act Contract
L Compliance with Council Policv, Owner shall comply with Council Policy Number 454-
o I incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a, Owner should preserve and maintain the regulated characteristics of historical
significance ofthe Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A), Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner should maintain all buildings, structures, yards and other improvements in
a manner which docs not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
I. Dilapidated, deteriorating, or unrcpaired structures, such as: fences, roofs,
doors, walls and windows;
II. Scrap lumber, junk, trash or debris,
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV, Stagnant water or excavations, ineluding pools or spas;
v, Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c, Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreatiol1 or the State Board of Equalization.
d, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
c, Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City,
f. Notwithstanding the foregoing subparagraph 2,e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit
3, Information of Compliance. Owner hereby agrees to furnish City with any and all
information requcsted by the City which the City deems nccessary or advisable to
determine compliance with the terms and provisions of this Agreement
4, Canccllation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280. et seq" may cancel this Agreement if it determines
Page 3 of6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historie property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set fcnih in California Government Code Seetion
50280, et seq,
5. Enforcement of Agreement In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a default under the
provisions of this Agreement by Owner, City will give written notiee to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the tenns of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
docs not waive any claim of default by Owner if City does not enforce or canccl this
Agreement All other remedies of law or in equity which are not otherwise provided for
in this Agrcement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hcreundeL
6, Binding Effeets of Agreement The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set fOlih in this Agreement City and Owner
hereby declare thcir 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 Historic Site,
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof~ shall conclusivcly be hcld to have
bcen executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrulllent. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of thc Historic Site for the
benelìt of City, the public, and OwneL
L Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term often (10) years
thereafter. Each year upon the anniversary of the effective date, such initial term
will automatically bc extended as provided in paragraph 8 below,
2, RenewaL Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically bc added to the initial term of this
Agreement unless notice of non-renewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date ofthe Agreement. Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice, City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewaL If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply,
3. Notice, Any notice required to be givcn by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party,
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 9]9]0
To Owner(s): Edward Seefried and Bruce Hart
292 Sea Vale Street
Chula Vista. CA 91910
Page 5 of6
Mills Act Contract
10, Gcncral Provisions.
--, --
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such tenns, provisions, or conditions cause them to be
considered joint ventures or mcmbers of any joint enterprise,
b, Owner agrees to and shall hold City and its cleeted officials, officers, agents, and
employees hannless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent. employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defcnd the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activitics in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffcred, by reason ofthc operations
referred to in this Agrccment regardless of whcthcr or not the City prepared,
supplied, or approvcd the plans, specifications, or other documents for the
lIistoric Site,
c. All ofthe agreements, rights, covcnants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties hcrcin, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
d, In the cvent that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive lcgislation, the validity and enforceability of the remaining provisions,
or portions thereof. shall not be effected thereby,
e, This Agrcement shall not take eftèct unless and until Owner's signature is
notarized by a notary public, Furthermore, if an agent or rcprcsentative of Owner
signs this Agreemcnt on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's bchalf
f This Agrccment shall be construed and governed in accordance with the laws of
the State of California,
II, Rccordation. No later than twenty (20) days after the parties execute and enter into this
-...-- -----
Agreement, City shall cause this Agrccment to bc rccorded in the office of the County
Recorder ofthe County of San Diego,
11. Amendments, This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 of6
M ills Act Contract
SIGN^TURE PAGE TO MILLS ^CT ^GREEMENT FOR
--
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
^ttest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to form:
--
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPAR^TE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL,
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
L A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics ofthe building and its site and
environment.
2, The historic character of a property shall bc retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
3. Each property shall be recognized as a physical rccord of its time, place, and use.
Changes that create a tàlse sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4, Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved,
5, Distinctive features, tìnishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved,
6. Deteriorated historic features shall be repaired rather than replaced, Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color. texture, and other visual qualities and, where possible, materials,
7, Chemical or physical treatments, such as sandblasting. that cause damage to historic
materials shall not be llsed. The surface eleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8, Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken,
9, New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property, The new work shall be differentiated from the old
and sball be compatible with the massing, size, scale. and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired,
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
~
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Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance,
PRIORITY IMPROVEMENT/RESTORA nONS
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement
Date: Signature: 4v~~ /:t",-"?---,
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' ¡ PROPOSED STRDCTUREfIi:YfPROVl<:MENT
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Edward L Seemed
Bruce R Hart
292 Sea Vale Street
Chula Vista, CA 91910
619/426-8115
August 26, 2002
Mill's ACT
Application Form
Proposed Structurellmprovements
Page 2
1. We are currently working with Imperial Hardwood Co., of Chula Vista to have
the hardwood floors throughout the house refurbished and protected. This
includes replacing floorboards that were damaged beyond repaic Imperial
Hardwood Co. has worked on several restoration homes throughout San Diego
County and is providing replacement boards that were salvaged from previous
sites, In addition, baseboards throughout the house are'IDissing and will be
replaced with a historically appropriate design.
2, Landscaping the property will include cultivating the lawn and flowerbeds to
revive the elegance of the property. Erosion control due to uneven terrain will
require short retaining walls to terrace the property where appropriate, such as the
front lawn and the back yard gardens. Exterior lighting, to enhance the appeal and
safety of the property, will eventually be added<
3. An ongoing project is to restore the original interior woodwork by removing the
paint from the doors and windows throughout the house and protecting them ",ith
a cI ear finish.
4. Exterior wrought iron guards, including the front door entrance, handrails and all
windows will require rust removal, protection and painting.
5. We will research exterior house colors to ensure historical accuracy before re-
painting the house.
6. Replacing the sun bleached canvas awnings on all the windows will be done,
keeping within the house's architectural design and eclectic style,
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Recording Requested hy and
Please Return to:
City Clerk
City of Chula Vista
PÜ Box ¡087
Chula Vista. CA 91912
1] This Space fár Recorder '5 Use Only 1]
APN(s) 573-120-17-00
MILLS ACT AGREEMENT
For property located at 209 ''j'' Street, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Jane Dunham and John Crowe ("Owners'}
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as prope11ies of historical significance,
WHEREAS, Owncr possesses fee title in and to that certain real property, together with
associated stmctures and improvements thereon, Assessor Parcel No. 573-120-17-00, and
generally located at the street address 209 ''j'' Street, Chula Vista, California, 91910, (the
"I Iistoric Site'}
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 52, pursuant to Chula Vista Municipal Code
Section 2.32,070, A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into Ihis
Agreement both to protect and preserve the characteristics of historical significance of the
llistorical Site and to qualify the Ilislorical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of6
Mills Act Contract
I. Compliance with Council Policy, Owner shall comply with Council Policy Number 454-
° I incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a, Owner should preserve and maintain the regulated charaeteristics of historical
signifieanee of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in aecordance with the rules and regulations published
by the Secrctary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b, Owner should maintain all buildings, structures, yards and other improvements in
a maImer which does not detract from the appearance of the immediate
neighborhood, The following conditions are prohibited:
I. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
II. Serap lumber. junk, trash or debris.
Ill. Abandoned, discarded or unused objeets or equipment, sueh as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v, Any device, decoration, design, structure or vegetation whieh is unsightly
by reason of its height, condition, or its inappropriate location.
c, Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d, The owner shall allow visibility of the exterior of the structure from the publie
right-of-way.
e, Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and partieipate in a
scheduled hearing regarding such applieation before the board or eommission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such pennit, so long as such hearing is completed no longer thaI1 three
(3) weeks after owner submits such application to the City,
f Notwithstanding the foregoing subparagraph 2,e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3, Information of Compliance, Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement
4, Cancellation. City, following a duly noticed public hearing as set forth in California
Govenm1ent Code Sections 50280, et seq., may cancel this Agreement if it detennines
Page 3 of6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site, In the event of cancellation, Owner maybe subject to
payment ofthose cancellation fees set forth in California Government Code Section
50280, et seq,
5. Enforcement of Agreement In lieu of and/or in addition to any provisions related to
eaneellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certi tied mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereatìer be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate, City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach ofthis Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereundeL
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specitic 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 Historic Site,
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, 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 Agrecmcnt regardless of whether such covenants,
reservations. and restriction are set forth in such contract, deed, or other instrument City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants. reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and OwneL
l. Effective Date and Term of Agreement This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (l0) years
thereafter. Each year upon the anniversary of the effective date, such initial tenn
will automatically be extended as provided in paragraph 8 below.
2, Renewal. Each year on tbe anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial tenn of this
Agreement unless notice of non-renewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
mmual renewal date of the Agreement Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (l) year shall
automatically be added to the term of the Agreement as provided herein, Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice, City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewal. If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
exeeution or from tbe last renewal oftbe Agreement, whichever may apply.
3. Notice, Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party.
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Jane Dunham and John Crowe
209 "I" Street
Chula Vista, CA 91910
Page 5 of6
Mills Act Contract
10. General Provisions.
a, None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise,
b. Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employec or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site, Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site, This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been sufIcred, by reason of the operations
rcfcrred to in this Agreement rcgardless of whcther or not thc City prepared,
supplied, or approved thc plans, specifications, or othcr documents for the
Historic Site,
c, All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties hcrcin, their heirs, successors, legal representativcs, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation oflaw or
in any lnanncr \-vhatsoever.
d, In the evcnt that any of thc provisionsofthis Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, thc validity and enforceability of the remaining provisions,
or portions thercof, shall not bc effected thcreby,
e, This Agreemcnt shall not takc effcct unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agcnt or representative of Owner
signs this Agreement on behalf of Owner, thc agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owncr's behalf
f. This Agreement shall be construed and govcrncd in accordancc with the laws of
the State of California,
LL Rccordation. No latcr than twcnty (20) days afìcr thc parties exccutc and entcr into this
Agreement, City shall cause this Agreement to be recorded in the oftice of the County
Recorder of the County of San Diego.
12, Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Datc:
-
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Datc:
Approved as to form:
John Kahcny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
ATTACHMENT "A"
SECRET ARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
L A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
cnvironment
2, The historic character of a property shall be retained and preserved, The removal of
historic materials or altcrations of features and spaces that characterize a property shall be
avoidcd,
3, Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements trom other buildings, shall not be undertaken.
4, Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved,
5, Distinctive features, finishes. and construction techniques or examples of craftsmanship
that characterize a property shall be preserved,
6, Dctcriorated historic features shall be repaired rather than replaced, Where the severity of
dcterioration requires replaccmcnt of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7, Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not bc used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible,
8, Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9, New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterizc thc property, The new work shall be differentiated trom the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if rcmoved in the future, the essential fonn and integrity of the historic
property and its environment would be unimpaired,
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that havc been made over
thc past 10 ycars to maintain or rehabilitate this property,
YEAR IMPROVEMENT
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Plcase list thc improvements and restorations that you intend to makc ovcr the next 10
years, List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENTfRESTORA TIONS
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C'OWNER CERTIFICATION:
I ccrtify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement iJ~
Date: /0),) c;1 ) C)- Signature: C)/~
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. . ~~(l::- CITY OF CHULA VISTA
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CHUL4. VISIJ>. ChuJa Vista. CA 919 J 0 APPLICATION FORM
II APPLIC~l'TJOWNER INFORMATION ,
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Applicant/Owner Name: ---XI hr t~) i .t:.,''o" h(i r¡'''; Date Submitted'
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Secondary Owneí Name: i ' . f-',y'" .' ., .-"
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I f,\\'NER APPROVAL IS REQUIRED ,
¡ NA~: ~ VI Vi,,,,, NAME: ~.... C::: lL>-( ./
I S]GNA TURE. . SIGNATURE: '/& r/~.,. ~
i DATE: I DATE: / /3 j 01
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I PROPERTY INFORMATION !
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Property Address: ,.,~t._ ,-¡- '1- (-~'~f"~ ; :\ "i -'" ì¡. 1,--h~ .
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Assessor's Parcel Number (Required): S I '? - ).)(-j n- ('" . Zone:
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I' mSTORlC/LAl'<ì)MARK INFORMATION f i
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!s the site designated as Historic? J ,..-~
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If yes, where? Local State National Date of Designation: - '----' '-':...--=-(
Is the site on the Local Register Listing? -.J F .' '> S<"'<" 0~J.mt",..J-.
If yes, Date of Listing: ;r-/Y-F5
.-J---1- J-- ,:J
-:í~; ,-x
11 PROPOSED STRUCTURE/IMPROVEMENT II
The goal ofthe Mills Act Program is to encou,age the use, maintenance, and restoration of historical properties
and retain their characteristics as properties of historical significance, Please list restoration improvements,
eithe, specific or geneíal, that you/the owner intend to carry ou! to achieve/maintain the goal of the Mills Act
Program (Attach a separate sheet if necessay)
;')' rip c: \Ú ~<__, / , ~...---,
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Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
PÜ Bóx 1087
Chula Vista, CA 91912
D This Space for Recorder's Use Only D
APN(s) 573-500-03-00
MILLS ACT AGREEMENT
For property locatcd at 190 "K" Street, Chula Vista, CA 91911
TIIIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and James and Bernadette Davis ("Owners'}
RECITALS
WHEREAS, California Government Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Asscssor Parcel No, 573-500-03-00, and
generally located at the street address 190 "K" Street, Chula Vista, California, 919 I I, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 53, pursuant to Chula Vista Municipal Code
Section 2,32,070, A-F.
WHEREAS, City and Owner, for their mutual bcncfit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical signiticance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article L9, (commencing with Scction 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amendcd ffom time to time).
NOW THEREFORE, in consideration of the mutual bene tits and covenants, City and Owner
agree as follows:
Page 2 0[6
Mills Act Contract
L Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
o I incorporated herein by this reference.
2, Standards fDr Historical Site. During the tenn of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b, Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood, The following conditions are prohibited:
L Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
lL Scrap lumber, junk, trash or debris.
11L Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV, Stagnant water or excavations, including pools or spas;
v, Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location,
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City ofChula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d, The owner shall allow visibility of the exterior of the structure from the public
right-ot~way,
e, Should owner apply to the City for.a permit tDr demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and pm1icipate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City,
f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
tDr a permit fÖr the demolition, substantial exterior alteration or removal of the
IIistoric Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance ofthc
requested permit
3, Infonnation of Compliance. Owner hereby agrees to furnish City with any and all
intDrmation requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement
4. Cancellation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq" may cancel this Agreement if it determines
Page 3 of6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the mmmer
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq,
5. Enforcement of Agreement In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event ofa default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certiíied mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of tern1S of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
docs not waivc any claim of dctàult by Owncr if City does not enforce or cancel this
Agreement All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or defàult hereunder.
6, Binding EfTects of Agreement The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement City and Owner
hereby declare their speei fie intent that the covenants, reservations, and restrictions as set
forth herein shall bc 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 Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall cõnclusively 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 restriction are set forth in such contract, deed, or other instrument City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and signiíicance of the Historic Site for the
benefit of City, the public, and Owner.
L Effective Date and Term of Agreement This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a tenn often (10) years
thereafteL Each year upon the anniversary of the effective date, such initial term
will automatically be extended as provided in paragraph 8 below,
2, RenewaL Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term of this
Agreement unless notice of non-rcnewal is mailed as provided herein, If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agreement Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest ofthe notice. City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewaL If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
exccution or from the last renewal of the Agreement, whichever may apply.
3. Notic". Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party,
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avcnue
Chula Vista, CA 9]910
To Owner(s): James and Bernadette Davis
190 "K" Street
Chula Vista, CA 91911
Page 5 of6
Mills Act Contract
10, General Provisions,
a, None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b, Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site, Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site, This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
IIistoric Site,
c. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoeveL
d. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
e, This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public, Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf
f This Agreement shall be construed and governed in accordance with the laws of
the State of California,
11 Recordation, No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego,
R Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
A !test:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL,
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics ofthe building and its site and
environment.
2. The historic character of a property shall be retained and preserved, The removal of
historic materials or alterations of features and spaces that characterize a propcrty shall bc
avoided,
3. Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements trom other buildings, shall not be undertaken,
4, Most properties change over timc; those changes that have acquired historic significancc
in their own right shall be retained and preserved.
5. Distinctive features. nnishcs, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than rcplaced. Wherc the severity of
deterioration requires rcplacement of a distinctive fcature, the new feature shall match the
old in design, color, tcxture, and other visual qualities aJid, where possible, materials.
7, Chemical or physical treatmcnts, such as sandblasting, that cause damage to historic
materials shall not be uscd. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possibk
8. Signi ticant archaeological resources affccted by a projcct shall be protected and preserved.
J f such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property, The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
1o, New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the fùture. the essential form and integrity of the historic
property and its environment would be unimpaired.
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
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1116 I~YloiA'ßta.J1;ÓÁ.) ¿ztcn"íJ ci~tJ<. w;JtZ1'd hY~/J(?&c' 'JI ¡h,d~L .
cQú'7 rJ '1eutnŒt, ~}tÆ I~ ;JU'?c'¡¿ ¿ , U+l1/~ . " .. .'
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;2o-r;¡ ¡'-CUi ;;'¿'¿'}V' ·u..f!yX2.Úf7/"'/'7J1éti~: L¿iZC'¿¿)~ .' ~ ,
~ut ~td 71.£w'¿£,u]t>7H¿tLZ¡;¿ ,.u/u¿·tZL-<">L/~dtMV ;; 7Zù<-jzj>uLI¿4<Ju.
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Please list the Improvements and restorations that you intend to make over the next 10
years, List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENT/RESTORA nONS
¿7eJzlUI t«Ü{./ mâ.l<7/t¿J1(~j/{ e C/IdJl djJ,1..¿ C!ti ?æt¿J/V cZx vi ~ 1á-/' ¥~/1 t.:/Æ I
/lPu.((1&£¿~~ ¿u .1.~a tun..e'Jd:- i hl.( ~i<,dJ ?1c7J-YlC1Jevt;. ,jf{l.f ,y2&-~
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iarJ1A.!¿üJrJ7tf{ I /¿,'C.lctdtt716¿l/ZCluZv 1u 'WL1lLeql'¿7 Á'l/¿'J1?¿'ú~~
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement,
Date: Si~natur .JYU'. 4L.J It . tv!
/YS 'tit·
t-<)¿inút'Ú e...tê
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~\fc- CITY OF CHULA VISTA
:=--p- PLANNING &: BUILDING DEPARTMENT Mills Act
OTYΠ276 Fourth Avenue APPLICA TJON FORM
CHULA VIS1A Chula Vista. CA 91910
II APPLICANT/OWN~RINFORMATION - II C,_~
)/' , ') /, ~ ~ Case #.
Applicant/Owner Name: JI ·71'r·) \ '/ l~j,';F/ il/: (i.au 0 t S b 'It d ;. ;It'!;d
/, .' /' /., /, / /' a e u ml e ,
. . I /f-;/ ¡'/' '/ ,/ " ,. ~7-.I(,.I~"r_~/
Applicant/Owner Address: .~, ( " '...', 'I,', V'i ¡'/ ,/, f! .//
i. ") /:/h, /OJ/¡7
Phone{ / /~-/, ,7; 7t (- - ~/I/. :~\ ......~
Secondary Owner Name: " I
I::
Owner Address:
Phone:
I , (J¡;i~~TNER ~!:~:5B}~~1~~ 7[ iJ-:7¡ '.~
NAME:,-,}I!;?/é ~ ¡-
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SIGNATURE~;Y;"_"",,,~{", ¡\J..-¡,-,-<- SIGNATURE: '¡J ,0[(///2è /f_.',C::" :>.~
DATE: I/¡{;;'/"Ï DATE: <-<r /f _,.,
II PROPERTY INFORMATION II
¡el/ )~/ ./;;'-;. ~ / / i, /}/// /j' 0',"';//
Property Address: ' .)J/,- :'___L( I (_ /"--~ I / i .'_ _. / I / ,
.
Assessor's Parcel Number (Required): ---)-~7-) ~__):.--,' <-: ,/; , / --' / .../,
- -- Zone: - / /~ '.' 1/_ '//-,,/-
" . //,
II HISTORIC/LANDMARK INFORMA. T~qN II
'/' - -"'
Is the site on the Local Register Listing? Yes No '--"'----"'
¡ ,. -
Date of Designation L~;: / I .:;:-', C .:~~ -:.::r-
Is the site designated as Historic on the State andlor National Register?
Date of Designation:
II PROPOSED STRUCTUREIIMPROVEMENT II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties of historical significance, Please Jjst restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Milis Act Program. (Attach a separate sheet ifnecessáry)
/ " 'zJ¡ ~, - ,
7,Î,/¿/ >7.'1: /:,~/ ~:'/ ¡-" ~ì ;)</0// [/:&(.::":/<..; (- :.-~/] /(~:(:¡Î ~ / ~f7 ,,'-!:..¿ .~V.Æ (~l¡Z//j ¿¿'/'/"'¿:!t-.. /2iøt?u'--
I ( . , . ß---?1£·:{ Ú1!A.-í /~.! ~J
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í? adi¡/' .1/é/¿éé'i 7J 1:;f/J ;¿ ,{/. /1 -: , .Ô¡' ~ l- .,; /./1 ..., .. / ~ ~/ /z:~ J
:,. ,.1:.[J' ¡(/"/-( Á.-)./L -(' £-2.. t. (/L¡-{11t-c'¿ ,f /'1'2.. (/7"-
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Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O, Box 1087
Chula Vista, CA 91912
D This Space jòr Recorder's Use Only D
APN(s) 573-500-31-00
MILLS ACT AGREEMENT
For property located at 840 First Street, Chula Vista, CA 91911
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Alberto C. Guerra Jr. ("Owner").
RECITALS
WHEREAS, California Government Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the usc, maintcnance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associatcd structures and improvements thereon, Asscssor Parcel No, 573-500-31-00, and
generally located at thc street address 840 First Avenue, Chula Vista, California, 91911, (the
"Historic Site"),
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 55, pursuant to Chula Vista Municipal Code
Section 232.070. A-F,
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1,9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time),
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 20[6
M ills Act Contract
1. Compliance with Council Policy, Owner shall comply with Council Policy Number 454-
o I incorporated herein by this reference,
2. Standards for Historical Site, During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a, Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A), Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B),
b, Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood, The following conditions are prohibited:
L Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
Il. Scrap lumber, junk, trash or debris,
ilL Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniturc, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
e, Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Plmming Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d, The owner shall allow visibility of the exterior of the structure from the public
right-of-way,
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
f Notwithstanding the foregoing subparagraph 2,e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3, Information of Compliance. Owner hereby agrees to furnish City with any and all
infonnation requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4, Cancellation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
Page 3 01'6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a quaJified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq,
5, Enforcement of Agreement In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addrcssed to the address stated in this Agreement, and if such
a violation is not conected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifìcally enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement All other remcdies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covcnants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, 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 restriction are set forth in such contract, decd, or other instrument City
and Owncr hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, rcservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
L Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (10) years
thereafter. Each year upon the anniversary of the effective date, such initial term
will automatically be extended as provided in paragraph 8 below.
2. Renewal. Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term of this
Agreement unless notice of non-renewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agreement. Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall
automatically be added to the term of the Agreement as provided herein, Upon
receipt by Owner ofa notice of non-renewal from City, Owner may make a
written protest of the notice, City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewaL If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
3, ]\¡otice, Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party.
To City: City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Alberto C. Guerra k
840 First Avenue
Chula Vista, CA 91911
Page 5 of6
Mills Act Contract
10, General Provisions,
a, None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or mcmbers of any joint enterprise,
b. Owner agrees to and shall hold City and its electcd officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, opcration, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its electcd Officials, officers, agents, and
employccs with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This bold harmlcss provision applies to all damages and claims for
damages sulIered, or alleged to bave been suffered, by reaSOn of the operations
referred to in this Agreement regardless of wbether or not the City prepared,
supplied, or approved tbe plans, specitìcations, or other documents for tbe
Historic Site.
c. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benetìt of the
parties herein, tbeir heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, wbether by operation of law or
in any manner whatsoever.
d. In the event that any of the provisions of tbis Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subscqucnt
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereol: shall not be effected thereby,
e, This Agreement shall not take effcct unless and until Owner's signature is
notarized by a notary public. Furthermorc, if an agent or representative of Owner
signs this Agreement on bebalf of Owner, tbe agent or represcntative must furnish
proof. to tbe satisfaction of City. that the agent or representative has authority to
act on Owner's behalf
f. This Agreement shall be construed and governed in accordance with the laws of
the State of California,
1L Recordation. No later than twenty (20) days after tbe parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in tbe oftìce of the County
Rccorder of the County of San Diego.
12. Amendments, This Agrcement may be amended only by a written and recorded
- .
instrumcnt executed by thc parties hereto
Page 6 01'6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
-
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEP ARA TE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
l. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2. The historic character of a property shall be retaincd and prcserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
3, Each property shall bc rccognizcd as a physical record of its time, place, and use.
Changes that create a false sense of historical developmcnt, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken,
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved,
5, Distinctive featurcs, finishes, and construction techniques or examplcs of craftsmanship
that characterize a property shall bc preservcd,
6. Deterioratcd historic features shall be repaircd rathcr than replaced, Where the severity of
deterioration rcquires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and. where possible, materials,
7, Chemical or physical treatments, such as sandblasting. that cause damage to historic
materials shall not be use,L The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible,
8. Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must bc disturbed, mitigation measures shall be undertaken,
9, New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property, The new work shall be differentiated from the old
and shall be eompatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environmenL
10. New additions and adjacent or relatcd new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environmcnt would be unimpaired.
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property,
YEAR IMPROVEM_ENT xf,/¡'(y(
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Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENTIRESTORA TIONS
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OWNER CERTIFICATION: V / t.i <f't-;1f--Jr.<.
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I certify that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form wil~ used as an exhibit
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:S:::::.. CITY OF CHULA VISTA
"- ~ - PLANNING & BU1LDING DEPARTMENT Mills Act
CIlY OF 276 Fourth Avenue
CHUIA V!STA Chula Vista, CA 91910 APPLICA TION FORJ\1
II APPLICANT/OWNER INFORMATION , II '
)/ Case #:
Applicant/Owner Name: Lߣh.Tb C, 6viLIl.IA "y", - 0 t S b ' d
a e u mltte :
Applicant/Owner Address: g'tD 1.">' Á.;.,,- '
Phone: ((;,\"1) 'he" -7GS' "-
Secondary Owner Name: 14ùM c.. G,-,fi.I..~~
Owner Address: 7J'fo 1-$"1 Ave;,
Phone: @.\"Ù <hc,- 7C.s'L
~ APPROVAL IS REQUIRED
NAME, AuW~f7- '" NAME
SIGNATURjò: SIGNATURE:
DATE: '\'>."5'\0'-. - DATE:
II PROPERTY INFORMATION II
Property Address: 1{ L[ U F'I r<, T C( LJe,
Assessor's Parcel Number (Required): 5' r:s - ~ (J C) - '3 I Zone:
¡ I HISTORICILANDMARK INFORMATION II
Isthe site designated as Historic? 110, iï IS ír¡ The. ¡nuV7TOt) 0+ hisToric r~5ì3Urc;Eli *'-
If yes, where? Local State National Date of Designation: :'(- ,( - ,;2 L' ¿,;C
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Is the site on the Local Register Listing? G¡ e S -if<,>__'-:J _
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If yes, Date of Listing: I I 'í)') -+de'S'Cjn'tJ"ì1on
II PROPOSED STRUCTUREIIMPROVEMENT II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties
and retain their characteristics as properties of historical significance_ Please list restoration improvements,
either specific or general, that you/the owner intend to carry out to achieve/maintain the goal of the Mills Act
Program, (Attach a separate sheet if necessary)
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Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P,O. Box 1087
Chula Vista, CA 91912
D This Space for Recorder's U,e Only D
APN(s) 568-012-03-00
MILLS ACT AGREEMENT
For property located at 462 "E" Street, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Gerald and Carlene Scott ("Owners'}
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 568-012-03-00, and
generalJy located at the street address462 "F" Street, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 56, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F,
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of 6
Mills Act Contract
L Compliance with Council Policy, Owner shall comply with Council Policy Number 454-
o I incorporated herein by this reference,
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B),
b. Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris,
Ill. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v, Any dcvice, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c, Owner shall allow reasonablc periodic examination of the Historic Site, by prior
appointmcnt, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d, The owncr shall allow visibility of the exterior of the structure from the public
right-of-way,
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks aftcr owner submits such application to the City.
f Notwithstanding thc foregoing subparagraph 2,e, should Owner apply to the City
for a pennit for the dcmolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requcsted permit.
3. Information of COQ!2.liance, Owner hereby agrecs to furnish City with any and all
information requested by thc City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4, Cancellation, City, following a duly noticed public hearing as set forth in California
Governmcnt Code Sections 50280, ct scq., may canccl this Agreement if it determines
Page30f6
M ills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subjcct to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq,
5, Enforccment of Agreement In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a dcfault under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registcred or cc11itied mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specitically enforce the obligations of Owner growing out
of tenns of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
docs not waive any claim of default by Owner if City does not enforce or cancel this
Agreement All other remedies oflaw or in equity which arc not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereundeL
6, Binding Effects of Agreement The Owner hereby subjects the Historic Site to the
covenants. reservations and restrictions as set forth in this Agreement 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 Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, 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 restriction are set forth in such contract, dccd, or other instrument City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and OwnCL
1. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (10) years
thereafter. Each year upon the anniversary of the effective date, such initial term
will automatically be extended as provided in paragraph 8 below.
2, Renewal. Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term ofthis
Agreement unless notice of non-renewal is mailed as provided herein, If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agreement. Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall
automatically be added to the term of the Agreement as provided herein, Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice. City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewal. If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply,
3, Notice. Any notice required to be given by thc terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party,
To City: City ofChula Vista
Attcntion: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Gerald and Carlene Scott
462 "E" Street
Chula Vista, CA 9]910
Page 5 of6
Mills Act Contract
10. General Provisions,
a. None of the terms, provisions, or conditions of this Agreemcnt shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause thcm to be
considered joint ventures or members of any joint enterprise,
b, Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agcnt, employee or other pcrson acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site, Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respcct to any and all actions tor damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site, This hold harmless provision applics to all damages and claims for
damages suffered, or alleged to have been suffered, by rcason of the operations
referred to in tbis Agreement regardless ofwbetbcr or not the City prepared,
supplied, or approved tbe plans, specifications, or otber documents for the
Historic Site.
c, All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, tbeir heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner wbatsoeveL
d. In thc event that any of the provisions of this Agreemcnt are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and entorceability of the remaining provisions,
or portions thereof, sball not be effected thereby.
e, This Agrcement shall not take effect unless and until Owner's signature is
notarizcd by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
f. This Agrccment shall be construed and governed in accordance with the laws of
the State of California,
11, Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agrecment to be rccorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 0[6
M ills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE I lAVE NOT AR Y PUBLIC A TT ACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to thc defining characteristics of the building and its site and
environment
2. The historic character of a property shall be retained and prcserved, The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
3. Each property shall be recognized as a physical record of its time, place, and use,
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken,
4, Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved,
5, Distinctive features, finishes, and construction tcchniques or examples of craftsmanship
that characterize a property shall bc preserved,
6. Deteriorated historic features shall be repaired rather than replaccd, Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials,
7, Chcmical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used, The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8, Significant archaeological resources affected by a project shall be protected and preserved,
If such resourccs must be disturbed, mitigation measures shall be undertaken,
9, New additions, exterior alterations, or related new construction shall not destroy historic
materials that charactcrize the property, The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural tèatures to protcct
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired,
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
/'
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, Please list the improvements and restorations that you intend to make over the next 10
years, List them in order of your priority based upon anticipated need for proper
maintenance,
PRIORITY IMI'ROVEMENTIRESTORATIONS
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date: Si (nature: d2d,¿p ,.Até--æ--
S1~~ 5?c'ÓJ~
CITY OF CHULA VISTA
PLA!\'NrNG & BU1LDING DEPARTMENT Mills Act
CITY OF 276 Fourth Avenue
CHULA VI5fA Chula Vista, CA 9]910 APPLlCA Tl0N FORM
II APPLICANT/OWNER INFORMATlON_ 111'''Iãif~i
Case #:
ApplicanUOwnerName: Gerald & Carlene Scott D t S' ,It d'
' , a e UDml e .
ApplicanUOwner Address: 462 "E" S tr e e t ''"::::'' rs: 'f2 s !" ::::: ç:\!
(619) 426 6514 ,.' , Ie, Ie.. ._"
Phone: - " ;! ~è'_':::__".,,~.. ,_u=C- ~,'
~ ,
Secondary Owner Name: None , ;
JU' - c, ?C,eo ~'
N/A c :' ,,,JC
Owner Address: _ _ ~_ !
Phone' N / A ~_,______ m __
. û ~
OWNER APPROVAL IS REQUIRED
NAME: r:erAl d Srotr NAME: r"rl% ~~t-
SIGNA TURE: .Y:\ "l"'!.:.u S c ,::,i=b- SIGNATURE: .¿é" é ' , ~~
DATE: Julv 8. 2002 DATE: ,T-\Llv 8 7007
II PR~~ERTY INFORMATION II
Property Address: 6. (; ') IT F" ~ t- r p p r (' n 11 1::1 V i ~ r ~ (' ~ 01 a 1 n
,
Assessor's Parcel Number (Required): 56Fš-0 12-03 Zone: R-l
II HISTORIC/LANDMARK INFORMATION II
Is the site designated as Historic? Yes
If yes, where? xx Local State National Date of Designation: Ju I y 1, 2ûD 2
, r
Is the site on the Local Register Listing? J '''', C:(I<
--:' / ...../--:>."....... '----""
If yes, Date of Listing: -c- " ' :7-~' c C'- =____
II PROPOSED STRUCTUREIIMPROVEMENT II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties
and retain their chaí:3Cteristics as properties of historical significance, Please list restoration improvements,
either specific or general, that you/the owner intend to carry out to achieve/maintain the goal of the Mills Act
Program, (Attach a separate sheet if necessary)
During our 20 year home restoration process we have meticulously
worked to ensure all repairs conformed to the original home design,
We pledge to continue maintaining '~nd persetvinR the property in a
like'vlise manner.
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Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista '-
PÜ Box 1087
Chula Vista, CA 91912
D This Space for Recorder's Use Only D
APN(s) 570-192-01-00
MILLS ACT AGREEMENT
For property located at 7 Cresta Way, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Victor and Jill Galvez ("Owners"),
RECITALS
WHEREAS, California Governmelft Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon. Assessor Parcel No. 570-192-01-00, and
generally located at the street address 7 Cresta Way, Chula Vista, California, 919] 0, (the
"Historic Site"),
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) #58, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article L9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of 6
Mills Act Contract
L Compliance with Council Policy, Owner shall comply with Council Policy Number 454-
° I incorporated herein by this reference.
2. Standards for Historical Site. During the-term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attaclunent
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood, The following conditions are prohibited:
L Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
1L Scrap lumber, junk, trash or debris,
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c, Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department. County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
e, Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after ovmer submits such application to the CiW
f. Notwithstanding the foregoing subparagraph 2,e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
, Information of Compliance. Owner hereby agrees to furnish City with any and all
~.
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions ofthis Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq" may cancel this Agreement if it determines
Page 3 of6
Mills Act Contract
that Ov,l1er has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Ov,l1er has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) ofthis Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment ofthose cancellation fees set forth in California Government Code Section
50280, et seq.
5, Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Ov,'I1er), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifical1y enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
docs not waive any claim of dcfault by Ov,'I1er if City does not enforce or cancel this
Agreement. AI1 other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereundeL
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shal1 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 Historic Site,
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, 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 restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and OwneL
L Effective Date and Term of Agreemen!, This Agreement shall be effective and
commence on December 10,2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term often (10) years
thereafter. Each year upon the anniversary of the effective date, such initial term
will automatically be extended as provided in paragraph 8 below,
2. RenewaL Each year on the anniversmy of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term of this
Agreement unless notice of non-renewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agreement Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice, City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewaL If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the tenn then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply,
3, Notice. Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party,
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Victor and Jill Galvez
7 Crest a Way
Chula Vista, CA 91910
Page 5 of 6
Mills Act Contract
10. General Proyisions,
a, None of the tenns, proyisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such tenns, provisions, or conditions cause them to be
considered joint yentures or members of any joint enterprise.
b, Ovmer agrees to and shall hold City and its elected officials, officers, agents, and
employees hannless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of O"'IJer or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
c, All of the agreements, rights. covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shan inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of Jawor
in any manner whatsoeveL
d, In the event that any of the provisions of this Agreement are held to be
nnenforceable or invalid by any conrt of competent jurisdiction, or by subsequent
precmptive legislation, the validity and cnforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
e, This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary pubJic, Furthern1ore, if an agent or representative of Owner
signs this Agreemcnt on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf
f This Agreement shall be construed and governed in accordance with the laws of
the State of California.
lL Recordation, No later than twenty (20) days after the parties execute and enter into this
Agreement, City shan cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments, This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
'-
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to fonn:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
ATTACHMENT "A"
SECRETARY OF THE INTERIOR ST.4NDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to thc defining characteristics of the building and its site and
environment,
2. The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
" Each property, shall be recognizcd as a physical record of its time, place, and use.
~.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible. materials,
7, Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved,
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property, The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential fonn and integrity of the historic
property and its environment would be unimpaired.
ATTACHMENT "B"
'-
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property.
\~AR IMPROVEMENT ,
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¡tíc¡" !Zef>1e,<¿t>! " tcC'-yo£Z-.t fA~ c,f 31~"-
Please list the improvements and restorations that you mtend to make over the next] 0
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENTIRESTORA TIONS
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~ OWNER CERTIFICATION:
I certifY that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act AgreemenL
Date: S¡"nature:
~'!f?- - ---- ---.- -----_.----"
CITY OF CHULA VISTA
....~. ---
.~- PLANNING & BUILDING DEPARTMENT MILLS ACT
mY Of 276 Fourth A venue APPLlCA TJON FORM
GIUIA VISlÄ Chula Vista, CA 919] 0
I APPLICANT/OWNER INFORMATION II Staff Use
- Case #: :~, ,';'- r.~-'-~--:-;,
'\pplicant/Owner Name: V ¡ ( n, f!- 'Z; < J i L- '", {kL- Ii E:-2. '; ,'/ 1'-,-" ii., -
Date Submitted;, L'.· ,___c.
~plicant/Owner Address: 7 C í! ('TiA ~" ,4c 'i . :'
)hone: {ell} /+2-f.~ - i"2..Ç(;. C H U (.Ä \Ì i J ,p. , ( Po 0¡c'¡r c) lrrJN "-'^'.
;econdary Owner Name:
::>wner Address: -----
)hone:
OWNER APPROVAL IS REQUIRED
NAME: ,,)\ LL {, A L-vrz.. NAME: Vie
SIGNAruRE: \t ¡) 1,-- V SIGNAruRE:
L / ' "S, - - ,-
DATE: DATE:
.' n-.u· 7..
f
I PROPERTY INFORMATION II
Property Address: _. Î C ¡2¿ JtA WAy C ¡J u. L-,tl \,1 -itA CPr C¡,c¡,{/
Assessor's Parcel Number (Required): :5 7 0 .. [ '72- .. C I Zone: Rk.
I HISTORICILANDMARK INFORMA nON II
Is the site designated os Historic? cc',-:c-'-! í2-1-¿<~' AP?~ d A-ïì0 ,j
If yes, where? ><:; local State National Date of Designation:
Is the site on the local Register listing? N'::' .- \,,¡J k,r~ T- o L,..-j) -e.,J. 0...: £.. t-l p.-j T 'vi. e:' c¡=-
~? / '+- (..j,Jé:J7ZI'_'r
If yes, Date of listing: "- " "
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I PROPOSEDSTRUCTUREmMPROVEMENT II
Tne gooi of the Mills Act Program is to encourage the use, maintenance, and restoration of historical
properties and retain their characteristics as properties of historical significance. Please list
restoration improvements, eifher specific or general, that you/the owner intend to carry out to
achieve/maintain the goal of the Mills Act Program. (Attach 0 separate sheet if necessary)
see kT,Prc t-rei)
Mills Act Application Form
7 Cresta Way
Chula Vista, CA 91910
PROPOSED STRUCTURE/IMPROVEMENT
'-
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical
properties and retain their characteristics as properties of historical significance. Please list restoration
improvements, either specific or general, that you/the owner intend to carry out to achieve/maintain the
goal of the Mills Act Program.
The horne's ubiquitous cedar shingle roofin~ allows for the home to have such a com~lex shape. There are two
layers of cedar shinrele roofing, installed in s . p-level sheathinæ on the entire roof of e house. We intend to use
natural cedar shing es when re-roofing the home in the near ture, and hope that all future stewards of this
home will use the same material instead of saving with a less expensive alternative.
The backyard is fenced with a unique white wooden fence. We are building a vegetable garden on our side lot
and enclosing it with a duplicate fence. We have planted 9 citrus trees along Hilltop Drive, reminiscent of Chula
Vista's lemon orchards.
As we have done during the past 7 Y2 years of living at 7 Cresta Way, we will continue to replace termite-infested
or rotted wood with duplicate materials and design. It is very important that the architecture and features of the
home are not embellished or changed in any way, as the complexity of the structure requires the simplicity of
lines and unifying themes.
In 1998, we mistakenly agreed to have the cedar shingle façade painted dark brown. Prior to that, it had neither
been painted nor stained. We intend to consult an expert when the brown paint begins to wear to see if
stripping the shingles is possible.
We will continue ~o remove ~n)' hazar~ to the horne, suc~ as da;n~ing tree roots or overhanging branches,
restoratIon of the Intenor to WIpe out' traces of the 1970 s and 80 s. Although not covered In the MIlls Act,
the interior of this house is just as unique as the exterior, and we have been bringing it back to period and
preserving it's history,
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Recording Requested by and
Please Return 10:
City Clerk
City of Chula Vista '-
PÜ Box 1087
Chula Vista, CA 91912
D This Space for Recorder's Use Only D
APN(s) 573-170-18-00
MILLS ACT AGREEMENT
For property located at 616 Del Mar Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Thomas and Marcia Salvestrini ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-170-18-00, and
generally located at the street address 616 Del Mar Avenue, Chula Vista, California, 91910, (the
"Historic Site''J-
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 60, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of6
Mills Act Contract
L Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2. Standards for Historical Site. During the-term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. O'Wner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
I. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
I!. Scrap lumber, junk, trash or debris.
Ill. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City ofChula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d. The owner shall allow visibility of the exterior of the structure from the public
right-of-way,
e, Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
, Information of Compliance. Owner hereby agrees to furnish City with any and all
-0.
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq.. may cancel this Agreement if it determines
Page 3 of6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualitled historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq,
5, Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by OWTler or apply for such other relief as may be appropriate, City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. 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 Historic Site.
Each and every contract, deed, or other instrwnent hereinafter executed, covering or
conveying the Historic Site, 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 restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
l. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (10) years
thereafteL Each year upon the anniversary of the effective date, such initial tenn
will automatically be extended as provided in paragraph 8 below.
2. RenewaL Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial tenn of this
Agreement unless notice of non-renewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agreement. Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice. City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewal. If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
3. Notice. Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party.
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owncr(s): Thomas and Marcia Salvestrini
616 Del Mar A venue
Chula Vista, CA 91910
Page 5 of6
Mills Act Contract
10. General Provisions,
a, None of the tenns, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such tennš, proÿisions, or conditions cause them to be
considered j oint ventures or members of any j oint enterprise.
b. OViIler agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liabjjity for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the HistOlic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site,
c. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
d. In the event that any of the provisions of this Agreement are heJd to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
e, This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthennore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf,
f This Agreement shall be construed and governed in accordance with the Jaws of
the State of California,
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
R Amendments. This Agreement may be amended only by a WTitten and recorded
instrument executed by the parties hereto
Page 60f6
M ills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
--
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (N otarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment
2. The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
0 Each property shall be recognized as a physical record of its time, place, and use.
~.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall þ><.retained and preserved,
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved,
6. Deteriorated historic features shall be repaired rather than replaced, Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design. color. texture. and other visual qualities and, where possible, materials,
7. Chemical or physical treatments, such as sandblasting. that cause damage to historic
materials shaH not be used. The surface cleaning of structures, if appropriate, shaH be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shaH be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
ATTACHMENT "B"·
'-
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be compJeted by the Owner)
Please list, to the best ofyoUT knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
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7Zf'':''¡' <1"~.J bA '. "'ðl (ì'¿~¡_L('
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENTIRESTORA TIONS
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OWNER CERTIFICATION: '1 ,- ~tLúv ¿,i-é~ W"-l-L-
I certify that I am presently the)egal owner of the subject property. Further, I
acknowledge the supplemental information on this fonn wi]] be used as an exhibit
attached to the Mills Act Agreement
Date: Signature:~11(tð ISJ~Þ
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-- -.- -- -- -.. ----. ,--
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT MILLS ACT
276 Founh A venue APPLICATION FORM
Chula Vi=, CA 9]9JO
II APPLICANT/OWNER INFORMATION II Staff Use
Case #:
ApplIcant/Owner Name: - \-\Io,NVt-"cJ ~ - SA, L\., 't ::, 'ìí2- I ~ i Date Submitted:
Applicant/Owner Address: Ú 1 [¡ \:Æ d'~ 'i,\,\;t;-J ev[
Phone: ll\c¡, t-I:j" t/{;IL::o
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Secondary Owner Name: t>, :S;L'v't:S\2 \ ;~ \
Owner Address: ~ Iv t>t L ¡",lAY- -:-'\Æ Iv L-\ E
Phone: I \ '1 "1~/, '-1t! c;
.....,t .
I OWNER APPROVAL IS REQUIRED
S j. SALve 11¿1""';, NAME: ~~\.A. Þ 'SL\0'-tSIÏ2\tv'l
I
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J I (_ . J~ SIGNATURE: - - Z,¡{---- ,'Y ~ " v--\ ,
(J10/; i ," .. - - 0tY':d':~ elf)1JS'&-
DATE: DAlE:
, II
II PROPERTY INFORMATION
Property Address: ~ ~- I Is t-o.E '- , [¡.;- ¿+HAL';" Vi 5ì ~ /' A C) í C¡ I ()
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Assessor's Parcel Number (Required): SI"3-\(C·\~ Zone: t::.- ¡
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¡ I HISTORICILANDMARK Th~ORMATION
,
Is the site designated os Historic? ÀWU( Ç;T\uJ SlAb 1.:\\ \iE-i) Cí~~LV,\:. ~r~-í\>;
>< Yt 't> f'
If yes, where? Local State National Date of Designation: ~ J"V l,\lt¡
Is the site on the Local Register Listing? -.-ND ..--l---.,/, ,/ C' I~ --:/__--;.. ~,
\ I ~
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If yes. Date of U51ing: -< '--
II PROPOSEDSTRUCTU~ÆMPROVEMENT II
Tne goal of the Mills Act Program is to encourage me use, maintenance, and restoration of historical
properties and retain their characteristics as properties of hi510rical significance. Please 1i51
restoration improvements. either specific or general. that you/the owner intend to carry out to
achieve/maintain the åOO' of the Mills Act Program. (Attach a separate sheet if necessary)
'S!?-t- ccthv~ i ~t
PROPOSEDSTRUCTUREnMPROVEMENT
Our intentions to achieve/maintain the goal of the Mills Act Program include:
· Repair/replace chimney while maintaining it's original appearance
· Foundation repair to help alleviate cracking in walls and ceilings, and to level out/prevent further
sloping of floors
· Repairlreplace cracked!broken windows
· Maintain the landscaping and external appearance of the property
· Repair cracked concrete in fireplace and basement, including stairwell leading to basement
· Repair/maintain/re-paint interior and exterior walls
· Repair/maintain/replace roof as needed
· Repair/replace floors (wood floors throughout, except I downstairs bathroom/closet area and
laundry room ~ linoleum)
· Live in and share our home's history with our family, ITiends and neighbors
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Recording Requested by and
Please Return to:
City Clerk
City afChula Vista
P,O, Box 1087
Chula Vista, CA 91912
D This Space for Recorder's Use Only D
APN(s) 568-350-10-00
MILLS ACT AGREEMENT
For property located at 382 & 384 Del Mar Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and John and Danielle Madsen ("Owners") and Trustees of the
Madsen Family Trust September 7, 1994.
RECITALS
WHEREAS, California Govcrnment Code Section 50280, ct seq" retèrred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner posscsses fèe title in and to that certain real propcrty, together with
associated structures and improvements thcreon, Assessor Parcel No, 568-350-10-00, and
gcnerally located at the street address 382 & 384 Del Mar Avenue, Chula Vista, California,
91910, (the "Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number(s) 61, pursuant to Chula Vista Municipal Code
Section 2,32,070, A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article L9, (commencing with Section 439) ofChaptcr 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time),
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Page 2 of6
M ills Act Contract
1. Compliance with Council Policy, Owncr shall comply with Council Policy Number 454-
° I incorporated herein by this reference,
2. Standards for Historical Site, During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owncr should prescrve and maintain the regulated characteristics of historical
signiíìcance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attaclunent
A), Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b, Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood, The following conditions are prohibited:
L Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
1L Scrap lumber, junk, trash or debris.
ilL Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or si milar items;
IV. Stagnant water or excavations, including pools or spas;
v. ¡\ny device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location,
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City ofChula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d, The owner shall allow visibility of the exterior of the structure from the public
right-of-way,
e, Should owner apply to the City for a penn it for demolition, substantial extcrior
aIteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior aIteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance ofthe
requested permit.
3. Information ofCo}npliance, Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determinc compliance with the terms and provisions of this Agreement.
4. Cancellation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreemcnt if it determines
Page 3 01'6
Mills Act Contract
that Owncr has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site, In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq,
5, Enforcement of Agreement In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement In the event of a default nnder the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thcreafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach ofthis Agreement No waiver by City of any
breach or default under this Agreement shall be dcemed to be a waiver of any other
subsequent breach thereof or default hereundeL
6, Binding Effccts of Agreement The Owncr hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth hcrein shall be deemcd covenants rnnning with the land and shall pass to and be
binding upon the Owner's successors and assigns in tide or interest to the Historic Site.
Each and every contract, deed, or other instrnment hereinafter executed, covering or
conveying the Historic Site, 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 Agrcement regardless of whether such covenants,
reservations, and restriction arc set forth in such contract, deed, or other instrnmcnt City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and OwneL
L Effective Date and Term of Agreement This Agreement shall be etIective and
commence on December 10, 2002 (but no earlier than approval of the agreement
by the City Council), and shall remain in effect for a term of ten (10) years
thereafter. Each year upon the anniversary of the effective date, such initial term
will automatically be extended as provided in paragraph 8 below.
2, RenewaL Each year on the anniversary of the effective date of this Agreement
(the "renewal date"), a year shall automatically be added to the initial term of this
Agrecment unlcss notice of non-rcnewal is mailed as provided herein. If either
Owner or City desires in any year not to renew this Agreement, Owner or City
shall serve written notice of non-renewal on the other party in advance of the
annual renewal date of the Agrccment Unless such notice is served by Owner to
City at least ninety (90) days prior to the annual renewal date, or served by City to
Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall
automatically be added to the term of the Agreement as provided herein. Upon
receipt by Owner of a notice of non-renewal from City, Owner may make a
written protest of the notice. City may, at any time prior to the annual renewal
date of the Agreement, withdraw its notice of non-renewaL If either City or
Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
3. Notice. Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
addrcss as may be later specified by either party.
To City: City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): John and Danielle Madsen
270 Madrona Street
Chula Vista, CA 91910
Page 5 of 6
Mills Act Contract
10, General Provisions.
a. None of the tenns, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such tenns, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise,
b. Owner agrees to and shall hold City and its elected ofìicials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including dcath, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site, Owner hereby
agrecs to and shall defend the City and its elected Of1ìcials, officers, agents, and
cmployccs with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site, This hold hannless provision applies to all damages and claims for
damages suffered, or alleged to have been sutTered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site,
c, All ofthe agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation oflaw or
in any manner whatsoeveL
d, In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby,
e, This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
f. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
11 Recordation, No later than twenty (20) days alter the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
Page 6 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
-
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:_
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE I-IA VE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL,
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
L A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics ofthe building and its site and
environment.
2, The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3, Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken,
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved,
5, Distinctivc fcatures, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved,
6, Detcriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials,
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used, The surtàcc eleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9, New additions, exterior alterations, or related new construction shall not destroy historic
materials that charactcrize the property, The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
1o, New additions and adjacent or relatcd new construction shall be undertaken in such a
mill111er that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owncr)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property_
YEAR IMPROVEMENT
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Please list the improvcments and restOffitions that you intcnd to make over the next 10
years, List them in order of your priority based upon anticipated need for proper
maintenance,
PRIORITY IMPROVEMENTfRESTORA nONS
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property, Furthcr, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreemcnt
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Date: \,j - ç::.-, <.") <--::-- Signature}.. J)f )j~ ''\ "..;-:.:);:....1...............
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,~:C-: CITY OF CHULA VJSTA -"
.-= ~-.:; ;'LANNJNG & BUILDING DEPARTMENT MILLS ACT
DIY Of 276 Fourth A venue
CHULA VISfA Chula Vista. CA 9]9IO Al'PLlCATJON FORM
\ I APPUC.t\NT/OWNER INFORMA nON 1\, "Staff Use
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Applicant/Ow;-¡er Name: '.\ t'~' n "Q"J ) ),m: e'Je'\1l ÎI; (ì (Le, Date'SÙbmiti~:!\ L 0 "
Applicant/Owner Address: glD Il'\oÁ('"nr. c:.),(h',~l\l·S'( , .'
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Phone: i (\ 'f - '-\ lo l"i ç; 'J ,,--- - "
Secondary Owner Nome: \, /A
Owner Address:
Phone:
OWNER APPROVAL IS REQUIRED
NAME: -I;f/~~' /l)¡,"û5u-? NAME: Ib..., elJ.: \~~ \~'\o(~sen
SIGNATURE: c.¡¿;¿L---ø/}~~~ SIGNlITU<RE: "'h l<n¡¡ \~c \ \ \Od"Üi '
DATI: ' .:t- , D 'E . " 'c
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I PROPERTY lNFORMA TION II
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ProperiyAddress: -:'ii L" ]'6 -c\\)\(è( Ilw' ',\u,\c:\:,,¡(, ,-A '-i\º.¡C
Assessor's POícel Number (Required): 5r,'>;':', 50< ,c', h0 Zone: (¡. \('C; I
II HISTORIŒ.ANDMARK INFORMATION II
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Is the site designated os Historic? f-+fS N£;- -' '.
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if yes, where? -Y Local State National Date of Designation: -;'!- 7C'-.-:c>
Is the site on the Local Register Listing? l i. (: S .-:+-!/
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if yes, Date of Listing:
\1 PROPOSEDSTRUCTUREÆMPRO'~MENT 1\
Tne goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical
properties and retain their characteristics os properties of historical significance. Please list
restoration improvements, either specific or generai, that you/the owner intend to carry out to
achieve/maintain the goal of the Mills Act Program, (Attach a separate sheet if necessary)
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