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HomeMy WebLinkAbout2006/12/19 Item 13 COUNCIL AGENDA STATEMENT Item No.: 13 Meeting Date: 12/19/2006 SUBMITTED BY: Resolution of the City Council of the City of Chula Vista approving the executed Mills Act contracts between the City of Chula Vista and the owners of the historic sites located at 220 Elder Avenue, 20 Pepper Tree Road, 654 Del Mar Avenue, 4l6'Third Avenue, 44 North Second, and 611 Second Avenue and authorizing the Mayor to sign said contracts. Director of Planning an?ilding ~ Interim City Manager i P-- (4/5ths Vote: Yes--.NoX) ITEM TITLE: REVIEWED BY: Staff, in accordance with Policy #454-01, has prepared contracts for the owners of historic homes who have requested to participate in the Mills Act program this year, Upon authorization by the City Council, the City will enter into the contracts, which will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the next assessed tax year. RECOMMENDATION: That the City Council adopt the resolution approving the executed contracts for those property owners who have elected to participate in the Mills Act Program at this time. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) reviewed the attached contracts for the referenced properties on November 6, 2006 and recommends that the City Council approve each of the contracts that are being considered at this time. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has determined that this program is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. DISCUSSION: On May 29, 2001 Council adopted a policy (Policy #454-01) that allows the City of Chula Vista to enter into Mills Act Agreements with owners of historic properties. These agreements will help provide the property owners financial assistance in the form of property tax relief. Staff has prepared contracts that have been entered into by the owners of historic sites who have requested to participate in the Mills Act Program. 13-1 Page 2, Item No.: 1'3 Meeting Date: 12/19/2006 The owners of the following six properties have applied to participate in the Mills Act Program this year: 1. 220 Elder Avenue, The Ann C. Rutledge, 20 Pepper Tree Road, designation is being considered concurrently with this application, (Historic Site #70). 2. 20 Pepper Tree Road, The Dr. Laud W. Moffitt House, designation is being considered concurrently with this application, (Historic Site #71). 3. 654 Del Mar Avenue; The Hollaway Sumner House, designation is being considered concurrently with this application, (Historic Site #72). 4. 416 Third Avenue; El Primero Hotel, designation is being considered concurrently with this application, (Historic Site #73). 5. 44 North Second Avenue, The Edward Gillette House, (previously designated on the Chula Vista List of Historic Sites), Historic Site #30 6. 611 Second Avenue, The Bronson Carriage House, (previously designated on the Chula Vista List of Historic Sites), Historic Site #1Oa. Staff has met with those property owners that have applied to participate in the Mills Act Program and together with each individual has determined a list of potential improvements to the property to be completed over the next ten (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. Each property owner has signed the contract thus showing their agreement to the provisions of the contract. Each contract was considered by the RCC who recommended that Council approve said contracts. The City Council must approve the executed Mills Act agreements for the City to enter into each of the Mills Act Agreements. Upon approval by the City Council and signature by the Mayor, the contracts will be forwarded to the County Assessor's office for recordation. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no such holdings within 500 feet of the property which is the subject of this action. FISCAL IMPACT: Implementation of the Mills Act contracts will have a nominal fiscal impact on the City. The City receives $0.147 of each property tax dollar and therefore the reduction in property taxes per the Agreement results in a negligible annual fiscal impact to the City and other agencies that rely on property tax revenues. However, over time if the City enters into Mills Act agreements with significant numbers of property owners, the revenue impacts will become incrementally significant. 13-2 Page 3, Item No.: 13 Meeting Date: 12/19/2006 A tt:lr.hmf'nt~ 1. 611 Second Avenue (historic site #10a) application and contract 2. 220 Elder" Avenue (concurrent historic designation with this application) application and contract 3. 654 Del mar Avenue (concurrent historic designation with this application) application and contract 4. 20 Pepper Tree Road (concurrent historic designation with this application) application and contract 5. 416 Third Avenue (concurrent historic designation with this application) application and contract 6. 44 North Second Avenue (Historic site #30) application and contract- J :\Planning\Lynnette\counciJ\mills act contracts agenda statement 2006.doc 13-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC SITES LOCATED AT 220 ELDER AVENUE., 20 PEPPER TREE ROAD, 654 DEL MAR AVENUE, 416 THIRD AVENUE, 44 NORTH SECOND, AND 611 SECOND A VENUE AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS. 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; and, WHEREAS, following Council's Policy Number 454-01, adopted May 29, 2001, upon approval by City Council the City ofChula Vista will be able to enter into said Mills Act Agreements with property owners of qualified historic properties; and, WHEREAS, City and Owners, for their mutual benefit, now desire to enter into these Agreements both to protect and preserve the characteristics of historical significance of the Historical Sites and to qualify the Historical Sites 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; and, WHEREAS, the Owners are determined to be the owners of: 220 Elder Avenue, 20 Pepper Tree Road, 654 Del Mar Avenue, 416 Third Avenue, 44 North Second, and 611 Second A venue; and, WHEREAS, State legislation defines a qualified historic property as any property that is listed on a national, state or local historic register; and, WHEREAS, all said properties are all listed on Chula Vista's List of Historic Sites, and therefore are all deemed as "qualified historic properties"; and, WHEREAS, the Resource Conservation Commission at their regular meeting held on November 6, 2006 reviewed each contract in its entirety and made the recommendation to City Council to approve said contracts; and, WHEREAS, the Environmental Review Coordinator has determined that this action is exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 3 1, Historical Resources Restoration and Rehabilitation. 13-4 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that, on this 19th day of December 2006, the City Council does hereby approve the executed Mills Act contracts between the City ofChula Vista and the owners of the following historic properties: 220 Elder Avenue, 20 Pepper Tree Road, 654 Del Mar Avenue, 416 Third Avenue, 44 North Second, and 611 Second Avenue, all located in the City ofChula Vista'. Presented by: Approved as to form by: James D. Sandoval Director of Planning & Building l:lAllorncy\RESO\COMM DEVIMills Act contracts REV1SED_12-19-06 13-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: fZI\L{ 1/& Mills Act Agreement between City of Chula Vista and Madelene Ross, Owner of property located at 220 Elder Avenue Chula Vista, California, 91910 (Historic Site #70) 13-6 1,}7;//, { Ilt/~/t/ T L CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT OTY Of 276 Fourth Avenue CHUIA VISTA Chula Vista, CA 91910 II APPLICANT/OWNER INFORMATION II Applicant/Owner Name: [V\!ldcl~ ~,~oSS Applicant/Owner Address: no 8c\a Pwe-~ Phone: LAC{ -434 - '2-1S4- Secondary Owner Name: tV'lYl6-tq:,'vtor Ross Owner Address: 1f2,o 8dev p<vU\.u.e... Phone: fol q A;~L\ - 2.lS4 Cell. .s.j.g. ':;SS t.., Mills Act APPLICATION FORM Case #: M .1 OWNER APPROVAL IS REQUIRED NAME: a.~e.. r6, ?-oSS NAME: I SIGNATURE:~IlII~I..iyr.-... SIGNATURE: n 0 ~ DATE: ~Sl '2.f?/r;.." DATE: . II PROPERTY INFORMATION Property Address: ?1D 0clorAv t ' Assessor's Parcel Number (Required): ~ 50'0 Ot \ 07 (f) / Zone: Rf II HISTORlC/LANDMARK INFORl\-:A TION Qppl/c.., Is the site on the Local Register Listing? Yes Date of Designation Is the site designated as Historic on the l) c Date of Designation: No X ;J"nc!; 'i) Cj State andRlr /)0 O/CL National Register? II PROPOSED STRUCTURE/IMPROVEMENT II The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain thelr 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) 1'Vle.. Im~t'iY\.e1l{sWe- WDlLld lilu- 1v c,omple.-iz- Llxe, re.wra.....f16Y1. ~ ~ VVI'nctowS, 'otkth~.s: pli.LVY\lolY1g.. if1Av')V) ~; (traLv- C~ iVl -the.- C\YlvDlvecy ; qct~:- ~{'t-pItU'e- lVl \/Vbvt::1 Vlcj (')r~ {,iX1c\ )\-LS1- tje/1e.va..l .'flI CUX1.+lj1 cm.ce- ~{'vtg..- yrop~ . 13-7 Recording Requested by and Please Retum to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 D This Space for Recorder's Use Only D APN(s) 568-011-07-00 MILLS ACT AGREEMENT . For property located at 220 Elder Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Madelene Ross ("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 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. 568-011-07-00, and generally located at the street address 220 Elder Avenue, Chula Vista, California, 91910, (Historic Site #70). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 70, 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: I. Compliance with Council Policv. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 13-8 Page 2 of6 Mills Act Contract 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 shall 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 shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner shall 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; 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 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 and the City Council prior to the issuance of such permit. 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 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 13-9 Page 30[6 Mills Act Contract 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 shall be subject to payment of those cancellation fees set forth in California Govermnent Code Section 50286. 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 ofthis 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 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 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 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 Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 19, 2006 (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 13-10 Page 4 of6 Mills Act Contract upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. 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 (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. 9. 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 of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Madelene Ross 220 Elder Avenue Chula Vista, CA 91910 13-11 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. Approval of this request shall not waive compliance 'fiith all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances c. 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 ofthe 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. d. 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 oflaw or in any manner whatsoever. e. 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. f. 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. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. l.L. 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. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 13-12 Page 60f6 Mills Act Contract 13. Attornev Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as ifboth City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 13-13 Page 7 of6 MiUs Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 220 Elder Avenue, Chu1a Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: By: Cheryl Cox, Mayor (Notarized Signature) Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to fonn: Ann Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC A IT ACH A SEPARATE PROOF" OF NOTARY PAGE WITH SIGNATURE AND SEAL. 13-14 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 properly 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. 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 form and integrity of the historic property and its environment would be unimpaired. 13-15 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 200\ 1.001 'LOO(" IMPROVEMENT Or101\,\(i.\ INVC<:\ .fIoo~ re~a.(V'ed I. rl&~V'e.J 1,vI.h.vi 01'" plti mc.d L. p\OS-rev- YlplLlr h+o1W pi\V\t~c\ Please list the improvements and restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTIRESTORATIONS fi'l"tp\a.ct lihi.o'"0 0(: ehi\'Y\l1t\f r(ptl\~(J I. Y"utwul --\n usAhle. eoV1JH-l611 IYy wr/turnite do..ma..qe- +0 v.i.'(\d.OW5,/~ Yep~lYld \2.epcU~ / B \ \ old stpTI'c- sY~+!VVI -l-V1/1.-t- VtilS c.vw-ttd si '(\ l:.kok iVl V{LLyy ~...-r:{ tepCtw (,vtt(b i'(\ il\1-tv\oY" pltl>tw / A) , ~ ' t... j ~ · C/eNnt 1/ ("fin f)q/l '- e-lfOvW ,,-W\U(l,l i QY\ postoS U J. lJ UQ0~' ovl~il1.lN\ eAu-tn'u,,\ sys+-UYl 'P/U.t...p Ufd~t- ~"tV1011 ~ IotiKl1\'QoW\s Lr~~ru) ~l(L(l.. d.rlVlM/lUf LlX\cI WM\l.w1U1 ().~ i.fs cu.wrn~ Cv1-dt4;\ \nSW\ t~C4fl-n5 ~ ~qa;n 1M 5'ff,iuvl OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property, Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Si2nature: Q~. ~ Date: I fl.! 4/ ()p 13-16 ~ - - .-j I /l" ,/'l}J ./1 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORt\1 BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~oct A' City \ t \ V-\ \ tlb l I. Mills Act Agreement between City of Chula Vista and Patrick Pidgeon and Judith Pidgeon, Owners of property located at 20 Pepper Tree Road Chula Vista, California, 91910 (Historic Site #71) Dated: 13-18 /7 TTAL/-M1E,UT "7- CITY OF CHULA VISTA ""c, PLANNJNG & BUILDING DEPARTMENT) :: r' 276 Fourth Avenue 2 7 Mills Act APPLICATION FORM ~l~ -11- -- 01Y OF CHUlA VISTA Chula Vista, CA 9191 0 " ,,,. j __n.__ ~,.- .- ---...- I APPLICANT/OWNER INFORMATION I Staff Use Applicant/Owner Name: -PATI~ I e,k T ~\ \J \) I T I-L}' I D(;-F"6AJ' Case #: 7J7Q ~ q.'l:>bl D"tp.SuhmittP.f!: q';'7.f(~(P ~ .. Applicant/Owner Address: F D re r r-' v j ve '" /2.JJ. Phone: G rq - 4- z-z- -b 221", Secondary Owner Name: Owner Address: So... 'roe- Phone: :;, 0.. VY"\ €- i i ..:f, ~WNER APPROVAL IS REQUIRED .. I NAME:Q"~.d ,(?,,; ,~ AME: -j) i A vi 6'2.,;:0 ! SIGNATURE: H'Ti2Ic-J<:- 7~.;lIGNAt~ ::-ti, ~ ~p" ~ t:>, A..~ I DATE: '1-.:l 7- c>,c; DATE: q /7" '" D ! T / PROPERTY INFORMATION Property Address: !;)() f>ePPFI2 ~~F: 2r,0-.-ci Assessor's Parcel Number (Required): 57 <i 010 / /0" rhllliA \J1~k CA C(IC/I'\) 7 Zone: 'i/q I b II II mSTORIC/LANDMARKINFORMATION Is the site on the Local Register Listing? Yes No Date of Designation Is the site designated as Historic on the State andlor Date of Designation: National Register? II II PROPOSEDSTRUCTUREroMPROVEMENT 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 hWDer intend to carry out t~ achieve/maintain the goal of~e Mills Act Program. (Attach a separate sheet if necessary) \.!..(K9f;/aA:- hr"b.?<,IJ il)..{~'r:f4AA~ @ PUfV70J-J{I&'f}-fVlJ fAA, 'f!D-2j.;,.jydruorT1 (:3) X?e~~ SUY~(C>J 'CU)(i~m (j)R-p,c::d-rf'"(V y.yJ<:,..f--v;-,;Z. I((h+ j, 13-19 Recording Requested by and Please Retum to: City Clerk City of ChuIa Vista P.O. Box 1087 ChuJa Vista, CA 91912 D This Space for Recorder's Use Only D APN(s) 574-010-11-00 M~LSACTAGREEMENT For property located at 20 Pepper Tree Road, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Patrick Pidgeon and Judith Pidgeon ("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. 574-010-11-00, and generally located at the street address 20 Pepper Tree Road, Chula Vista, California, 91910, (Historic Site # 71). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 71, 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 ofthe mutual benefits and covenants, City and Owner agree as follows: I. Compliance with Council Policv. Owner shall comply with Council Policy Number 454-01 incorporated herein by this reference. 13-20 Page 20[6 Mills Act Contract 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 shall 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 shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner shall 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; 11. Scrap lumber, junk, trash or debris. III. 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. f, 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 orremoval ofthe 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 and the City Council prior to the issuance of such permit. [, 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 if it determines 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 13-21 Page 3 of6 Mills Act Contract 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 shall be subj ect to payment of those cancellation fees set forth in California Government Code Section 50286. 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 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 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 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 Owner. 13-22 Page 4 of6 Mills Act Contract 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 19, 2006 (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. 8. Renewal. Each year on the anniversary of the effective date of this Agre=ent (the "renewal date"), a year shall automatically be added to the initial term of this Agre=ent 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 Agre=ent 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. 9. 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 of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Patrick and Judith Pidgeon 20 Pepper Tree Road Chula Vista, CA 91910 13-23 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. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances c. 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 Historic Site. d. 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. e. In the event that any ofthe 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. f. 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. g. This Agreement shall be construed and governed in accordance with the laws ofthe 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. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 13-24 Page 6 of6 Mills Act Contract 13. Attornev Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as if both City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 13-25 Page 7 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 20 Pepper Tree Road, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: By: Cheryl Cox, Mayor (Notarized Signature) Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Approved as to form: Ann Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL 13-26 Page 8 of6 Mills Act Contract ATTACHMENT "A" SECRETARY OF THE INTERIOR STAJ."IDARDS 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. 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 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 form and integrity of the historic property and its environment would be unimpaired. 13-27 GTTACHMENT Bl) Year Improvement 2005 2005 New Furnace - east win'" o Resurfaced patio slab and pool area Retil ed 2 guest bath fl oors . Restored and maintained roof Resealed flagstone on porch and entry hall R~laced exterior doors on storage area on east side PaInted the house exterior Upgraded landscape including new brick walkways and fencing in front and back New garage door Resurfaced driveway with pavers Repainted interior stucco walls and ceilings Cleaned and oiled interior wood walls Updated electrical system Updated plumbing system Installed solar energy system Retiled kitchen floor Replaced broken windows It epl q Clrt2I nf crf :;;r1)q C/' 1999 2002 2002 & 2006 2003 2004 2004 2004 & 2005 2004 & 2005 2005 2005 2005 2005 2006 2006 2006 .),00& Priority Improvementlrestorati ons 1. Restore extra bedroom 2. Resurface pool 3. Have periodic roof maintenance 4. Update storage area on back porch 5. New flooring in hall and bedroom 6. New flooring in family room 1) l.~p/qO ex,.sh1y c!rr;:; <' c/o-z,;e ('q/)d ~C'~.//? )YoJ;O/'A 4.)'7'75 ftj,N ~ -f/,c,'-;I- q/'e //)0/'1'" re-r/-f'c j; u..fl OT c'/dl: Il/~ /(qncA 0,1; /JJ :\cHi-P,J' , 4// cJq~Je v C'/rz>r /y)q~/)q/-.r if).,dtJd Iv lihoc// 6nck U EJ-IM.e+e<'ts/i/r /f)y.Jr;9/ -il>q~ a.!ll/ cll"u-jLt liYJjJfl.t<.JS/b/J /,!;q/-lluy CJ~<Z(<'7?~/lC/9j#) 01- jIv fJl!)S1. (Nb tI..-,mdtf1.i.,iS) f) ~?per (ruts Qre -;: .6." /))9/'/)~//'~dl Cl/)d /)",-!- /YY/JN~c( 13-28 ,,;.., .o..~~~r"-;:_~ 7__/ i //",///' // // THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: \ z l-W.-l () {, Mills Act Agreement between City of Chula Vista and Steven Ritter and Salvador Dominquez, Owners of property located at 654 Del Mar Avenue Chula Vista, California, 91910 (Historic Site #72) 13-30 ;47lAtHAI(;JU T 3 CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT OTY OF 276 Fourth Avenue CHUIA VISTA Chula Vista, CA 91910 Mills Act AFPLICATlON FORM II APPLICANT/OWNER INFORMATION II Applicant/Owner Name: .sTt:-VQ'l 'R 1fTl;.::;/Z-- Applicant/Owner Address: (,5:'-1 lJe-l Mv.-v 4ve--- Phone: "I S '?-7-1 - 2-%3(#) 0['1 Z-'f4 -38'fS-~\) Secondary Owner Name: 5'", I vc.. J. o-v-'DoVVl.l"7 "'-e L.- Owner Address: b P'l De.-! Ivtc.r ~ Phone: b [0 <J 2..0 - "1 "77-0 '-;i~~i&h5iiim\'$&;;~~ .Case#: (J)/}-oq -CJO D.te Submitted: / f) . f)(p.a OWNER APPROVAL IS REQUIRED NAME: ::"R::-"'lA::.FJ .R IT1l:.vL.- NAME: .j>/-'LVA-DOlZ., DO.V1oJ(Y'-<.E"L SIGNATURE: ,<(L I'Z<-t:C SIGNATURE: ,;nJll' .11", ~.1""..,..;'~~ ~ DATE: Itc/S' "'(, DATE: IV?F/,-~ 'j -...J II PROPERTY INFORMATION Property Address: {; ,r- '-( l:;)e I tVJa..V A-v-e--. Assessor's Parcel Number (Required): 51-" ~ - 2$"'0 - 21- /Zone: II HISTORlC/LANDMARK INFORMATION 'OI7CUrTL/ m'" / c& r-o. '- Is the site on the Local Register Listing? Yes Date of Designation Is the site designated as Historic on the Date of Designation: No ....-- State and/or National Register? II PROPOSED STRUCTUREJIMPROVEMENT 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 ofhistoncal 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) - 'ID /~e..p .IN.. /'?~f/'~ D,I- ftv..'-1.,o..p.......""- rJGt...- h<- hj'O~/- . s s (/loA€. t'-t.f1.,...Y. ;nl- ft.",,;/- hw C ,:o_v-e..Q , ? rlllej,J C1Ll..'~1'15S - V(jecvc.l--- to W r( a..t-<- '-<.. ()V1/~ ,.~ ''-c-t +.. '1 .-k ve~~ I 13-31 Recording Requested by and Please Return to,' City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 1J This Space for Recorder's Use Only 1J APN(s) 573-250-27-00 MILLS ACT AGREEMENT For property located at 654 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 Steven Ritter and Salvador Dominquez ("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. 573-250-27-00, and generally located at the street address 654 Del Mar Avenue, Chula Vista, California, 91910, (Historic Site #72). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 72, 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 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: 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 13-32 Page 2 of6 Mills Act Contract 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 shall 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 shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner shall 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: c. 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. 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. d. 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. e. The owner shall allow visibility of the exterior of the structure from the public right-of-way. f. 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 and the City Council prior to the issuance of such permit. &. 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 ofthe 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 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 13-33 Page 3 of6 Mills Act Contract 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 shall be subject to payment of those cancellation fees set forth in California Government Code Section 50286. 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 ofthis 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 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 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 Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 19, 2006 (but no earlier than approval ofthe agreement by the 13-34 Page 40[6 Mills Act Contract 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. 8. 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 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. 9. 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 of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue ChuIa Vista, CA 91910 To Owner(s): Steven Ritter and Salvador Dominguez 654 Del Mar Avenue Chula Vista, CA 91910 13-35 Page 5 of 6 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. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other appllcable City Ordinances c. 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 Historic Site. d. 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 ofthe Historical Site, whether by operation of law or in any manner whatsoever. e. 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. f. 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. g. 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 ofthe County of San Diego. If., Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 13-36 Page 6 of6 Mills Act Contract 13. Attornev Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any ofthe covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner( s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as ifboth City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 13-37 Page 7 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 654 Del Mar Avenue, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: By: Cheryl Cox, Mayor (Notarized Signature) Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: Ann Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 13-38 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. 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, fmishes, 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 form and integrity of the historic property and its environment would be unimpaired. 13-39 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 ~f~"f/Qrr 114 ~~11- ~ 'ZA'60 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. I :L IMPROVEMENTIRESTORA TIONS ~V-i!#f- a/~ ~ ~~ t>f~n>k 0~f4-~~ ~~1 ~ .fh~J. 6Jru rq/ 1721'1>~9;'Yc.t - CJ./>~ PRIORITY 3 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. c:r-qA) Date: L2} i1 010 Sil!nature: ~r2d;t ~~ 13-40 0J 5 f ()J If? qf; 01)../1) u.p 13-41 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: \"2-\ \ t1 t t1P Mills Act Agreement between City of Chula Vista and Rufino Roque and Soledad Roque, Owners of property located at 416 Third A venue Chula Vista, California, 91910 (Historic Site #73) 13-42 - ~it~. ,.--- '-~ --~ 7f!7fci-l- A-/ l>uT - MILLS ACT APPLlCATJON FORM - ------ "j OIY Of' CHULA VISfA CITY OF CHULA VlST A PLANNJNG & BUlLDJNG DEPARTMENT 276 Fourth Avenue Chula Vista, CA 9 I 9 ] 0 Phone: II I PROPERTY INFORMATION Property Address:, '1ft, TH(~ Assessor's Parcel Number (Required): M{;' " (!//u/~ tlts1?l I CiA- '117'(0 t . vi' I 5G;9- t,t/O ~ CJ--? Zone: CONMt:fl--e.t/J-L, PeIJdJ/l'j ........../ ;JNf1/)~~ II I mSTORIC/LANDMARK INFORMATION Is the site designated as Historic? No If yes, where? Local State Is the site on the Local Register Listing? lj GS; If yes, Date of Listing: 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 001 of the Mills Act Program. (Attach a separate sheet if nes;essary) ~ - . . ,- TibJ- .' } 6. ; L ~c- _ l' . National Date of Designation: 13-43 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 1]' This Space for Recorder's Use Only 1]' APN(s) 568-410-29-00 MITLLSACTAGREEMENT For property located at 416 Third Avenue (EI Primero Hotel), Chula Vista, CA 91910 TillS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Rufino Roque and Soledad Roque ("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. 568-410-29-00, and generally located at the street address 416 Third Avenue, Chula Vista, California, 91910, (Historic Site # 73). WHEREAS, the Chu1a Vista City Council declared and designated the above property as Historical Site Number 73, 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: 1. Compliance with Council Policv. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 13-44 Page 2 of 6 Mills Act Contract 2. Standards for Historical Site. During the term ofthis Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall 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 shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner shall 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; 11. 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 and the City Council prior to the issuance of such permit. [, 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 deternrine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Govemment Code Sections 50280, et seq., may cancel this Agreement ifit determines 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 13-45 Page 3 of6 Mills Act Contract 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 shall be subject to payment of those cancellation fees set forth in California Government Code Section 50286. 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 ofthis 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 ofterms oflhis 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 oflhis 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 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 Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 19, 2006 (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 13-46 Page 4 of6 Mills Act Contract upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. 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 armual 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 armual renewal date ofthe 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. 9. 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): Rufino and Soledad Roque c/o El Primero Hotel 416 Third Avenue ChuIa Vista, CA 91910 13-47 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. Approval ofthis request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other appli'cable City Ordinances c. 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 Historic Site. d. 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. e. 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. f. 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. g. 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 shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. .lb Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 13-48 Page 6 of 6 Mills Act Contract 13. Attornev Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as ifboth City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 13-49 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 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 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 ifremoved in the future, the essential form and integrity ofthe historic property and its environment would be unimpaired. 13-50 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 SEE MTMt/i.j.m(J..y-0) 0u,PpINVf)!- 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 IMPROVEMENTffiESTORATIONS 1_ f:t2.[&rfC 'jZ..~)r:~6 3/2.. (2e-f.-oDt: If'Jc'Mk1fZ.Er<JQ[cJ ~ ~ GUEi'Z0y SOC{(Lr9... (6f.s;!JtA.. f3rJE'rCGc/ ).., .3. (L€: 'C76M1f! c..... !fb [t: ( Ifr5(J (11 ,1-r<J tJ /<rt- [(<!iI-(r 6,?-f6t;<JA-<. ~I t rx<0 FEtl-i'2.f(I.<:?S, ' i. 7(2..<?5:e'1.u( (f<<i-rfJfir,J ;J-.(j #r5(af1,'fttJ-L H!=r!-7lfIi:.Y. 1/ ~dlvG_ 7. U) "l-r-(F. 4 fforR.. 5~(~ - k-ok.. : f... ~..('JfirJ"--R ~ t1<(l(r1TM~ (jiLef'-(9.,L fo, ,4- (.cud! alii-fA (lrslt,os l.{) ,;(f 6--<? /l(~ t~!2. d r If r t5ffG 2- ;; "'-- ,,) .."') OWNER CERTIFIC\\TION: (j ';:1 -( /1'f'-'vlf/4./ 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. 7~ Date: n / / /' ;H~I.-~:rr1J Hotel improvements over tbe past ten (10) years. 2004- Removed unsightly art (psychedelic) decorations in front of building and changed multi-colored paint schemes to a much subtle tone. 2004- Removed fal;'ade mixed chain link and wrought iron fence ~d replaced with architecturally harmonious stucco fence with build-in lights for mcreased security and safety. 2004- Removed aluminum awnings from each window to expose original building structure. 2004- Removed dangerously hanging hotel sign. Preserved and relocated in the courtyard. Replaced with environmentally friendly signage. 2005- Removed mixed aluminum framed and wood framed windows. Replaced with energy efficient windows with similar looks and mode of operation as original wood frames. 2005- Upgraded electrical system from 200 to 400 ampere rating. 2005- Remove old gas fIred heaters from each room and installed packaged air conditioning and heating for increased guest comfort and safety. 2005- Installed ramp and access door to comply with ADA requirement. 2005- Build Kiosk and improved Courtyard. 2005- Added four additional parking spaces and a dedicated handicap parking. 13-52 E/ ~/f)efQ '-II u ;-;;-rd Ovv 1J<<f 13-53 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL \~)li~Oh Dated: Mills Act Agreement between City of Chula Vista and David E. Doyer and Martina Doyer, Owners of property located at 44 North Second Avenue Chula Vista, California, 91910 (Historic Site #73) 13-54 CITY OF CHULA VISTA PLANNING & BUILDfNG DEPARTMENT 276 Fourth Avenue Chula Vista, CA 91910 A TT:,.:t ( 1-0--1 e_L"rf 6 MILLS ACT APPLICATION FORM ~Wt- -~- ~~~ 01Y OF CHULA VISTA II APPLICANT/OWNERINFORMATlON II Staff Use ~ ~ _ ~ Case#: q Dq.tJO Applicant/Owner Name: DOJ..) \; 1= n 'i ~ . Date Submitted: L'2. 3D dOV4> Applicant/Owner Address: ~ ~_O -S ~~( -D-- ~_~ IJe.__ . Phone: /,; \ Cj 5::1 f- ::J J-2 7 Secondary Owner Name: ----l'-\ ('\..J~ I v\ ('J 0c1'J 'i ~n- Owner Address: Y Y }0. C;... /' CJ V\ cl t\ J<Z.... Phone: lo \ C\ l J. In - g I 0 1. NAME: 00 u , ~ SIGNATURE: DATE: OWNER APPROVAL IS REQUIRED E OO'-{l""--Y NAME: Y-lCA.v-h~t1. iJ<o'i~ SIGNATURE: ~Lv...L).....;.1:JAl~ Of:, DATE: \ II \J ~ ,c, h eit '1 I 9'J() Zone: R :2 II PROPE~TY INFORMATION propertyAcJdress: ~ A S,- t!' C') 11\1. A. J(>. (~v \a Assessor's Parcel Number (Required): 5"103 -30 ;:L - \ 1- 00 Is the site designated as Historic? '-\ €' ~ ,- if yes, where? X Local State Is the site on the Local Register Listing? If yes, Date of Listing: II PROPOSEDSTRUCTUREmMPROVEMENT i.s/-n'C ..s,' National Date of Designation: I ;(~ fk~ I HISTORIC/LANDMARK INFORMATION 0.P.,?-, \ 1\ 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. Piease list restoration improvements, either SpBcific or general, that you/the owner intend to carry out to achieve/mai[ltain the goal of the }Aills Act Program. (Att ch a separate sh5let if necessary) ,"/;0' _ -JpnJ')/(/<,r ('/)(.7-/ i'r:-P9/i' / ~f!C/' Cq/~-j- / / I.ij" jC;J P . 5' y"::/)C;-::';' 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 Use Only D APN(s) 563-302-17-00 MILLS ACT AGREEMENT For property located at 44 North Second Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and David E. Doyer and Martina Doyer ("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. 563-302-17-00, and generally located at the street address 44 North Second Avenue, Chula Vista, California, 91910, (Historic Site 30). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 30, 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 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: 1. Compliance with Council Policv. Owner shall comply with Council Policy Number 454- o I incorporated herein by this reference. 13-56 Page 20[6 Mills Act Contract 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 shall 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 shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner shall 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; 11. 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 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 and the City Council prior to the issuance of such permit. 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 if it determines 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 13-57 Page 3 of 6 Mills Act Contract 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 shall be subject to payment of those cancellation fees set forth in California Government Code Section 50286. 5. Enforcement of AlITeement. 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 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 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 AlITeement. 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, 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 cone em the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. J 7. Effective Date and Term of AlITeement. This Agreement shall be effective and commence on December 19,2006 (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 13-58 Page 4 of6 Mills Act Contract upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. 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 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 ofthe Agreement, whichever may apply. 9. 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 of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): David and Martina Doyer 44 North Second Avenue Chula Vista, CA 91910 13-59 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. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other appli'cable City Ordinances c. 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 Historic Site. d. 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. e. 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. f. 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. g. 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 shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 11., Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 13-60 Page 6 0[6 Mills Act Contract 13. Attorney Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as ifboth City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 13-61 Page 7 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 44 North Second Avenue, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: By: Cheryl Cox, Mayor (Notarized Signature) Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: Ann Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 13-62 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. 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 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 form and integrity ofthe historic property and its environment would be unimpaired. 13-63 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 100(, IMPROVEMENT S 9 Y \ "'- '?- k v- ..s '{.5 i-~d---' y 0 ()~ [eft] II?.. D /) ~v'fl e...-T 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/RESTORATIONS VJ'V\.6..0w5 '--'-'''~~Dv...J..5 c... ' _ ""'. ~ -\- ............... , "T d.u...,^,,- 0. '\ c.. ? I .0 I L' --,----- pc-.\. ""- ~ ) ( f1ren 0 r- (\.P~f en !/ [; '( 00 f {rn Cf/o-/n qj) U 0/ N pc; JR.. .,----; / jLoor~- c..o...vfe..-\ - l.,"->-vcL.uooJL.J/ O\J ~~ o V\.. ? \'" "'-"--~ "V\...u, / jf(1ir>J) rf)c,//il.,.n.. IJ UJ ,,; ,. upht;D ~.~. 0/ OWNER CERTIFICATION: 1 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. . / -./ / /~ '- ~l,;~ C Si2:nature:G'JD...,.....A .J (Z-!i/4Iv6 Date: (\ ~~ C ,n~/ I'M. LUISA BISHOP fa', Commls.sion#1599375 i -. . Nolory Public. Colifomio ~ . Son Diego County 1 3 My Comm. Expires Aug 5. 2009 " J A l .L J r_ (' 0" '/;'l.j /J ~ f\ ~ o ~ -\:J ~ ~ ~ ~ f"\. ~- \\ \i "'i>>'\~ ':""":;~5.'~~-:" _ ~--\ '1\ ' fL-:'-:::;" - - - _ _~';\_;, / ,2i,,:f~~, "';"'~~~~~~J7?t~ I / ~". \ 13-6$2: .'-. :, ~-d_ -- .- .--_/ THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: ~f~\l{ ~Ob Mills Act Agreement between City of Chula Vista and Patrick Neill and Vicki Neill, Owners of property located at 611 Second Avenue Chula Vista, California, 91910 (Historic Site # lOa) 13-66 CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT 01Y OF 276 Fourth Avenue CHUlA VISTA Chula Vista, CA 91910 AlTlt(J.! ;if!:;: i) r 7 -- Mills Act APPLICATION FORM II APPLlCANT/OWNERINFORMATION II . c # mf! - (){!- r.J7) , Applicant/OwnerName:yu..,-t-ric...'<. /v,c\:..:.. 'f\v \\ . D:::s~bmittAd: /,5 cuw Applicant/Owner Address: If) \ \ 7-f'.~ ~. Ck\Q V\6 -\z.-.:.. Q11/0 Phone: ~I~ l.f d. 6- ~ 50 Cc, Secondary Owner Name: Owner Address: Staff Use Phone: .r:;;;,. " *WNERAPPRO~fL IS Q NAME~. ~~~ .~.~..~L.L&) NAME. . Ie C SIGNA. I I .J SIGNATURE: x DATE:;< 1 ; S. c:i5 DATE: /, / II PROPERTY INFORMATION Property Address: Lo \ \ 2.. 'f'..~, A'0 e.., L h o..J \ 0.... ")\ i:, \6- S. '2. a ; K.;J:.~. Assessor'sParceINumber(Required):' .1 ~-I IO-Id.--OO'Zone: I ::\::l \:) II I mSTORICILANDMARK INFORMATION Is the site on the Local Register Listing? Yes No Date of Designation 'f \ (<S'\ ~ Is the site designated as Historic on the State and/or Date of Designation: I B fan.SlSY\ CC4"r " ~1~ :tr \ 0 ~~ l"1tlo .- National Register? J) ~ .~~~. II PROPOSEDSTRUCTVREroMPROVEMENT 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 ofthe Mills Act Program. (Attach a separate sheet if necessary) ~ '. L. - . _ \ __ . I .\ I..\J...Vq~ \,~"f\c.. i 0-D LD, l}.J...Q "' O-.--J-.. ''l.-",-~ --\c., , c..~ 0. ocJL:o 0..0 0... JLo(, Jl. 1~: G:&-, '_i.:).,'--~ G-v-.....~ ~.D (}'V\... ~~ ~\J. \-\; \ ::, \-or ,~T ~........ l"><- \~()O '-1 . 13-67 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 1J This Space for Recorder's Use Only 1J APN(s) 573-190-12-00 MILLS ACT AGREEMENT For property located at 611 Second Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Patrick Neill and Vicki Neill ("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. 573-190-12-00, and generally located at the street address 611 Second Avenue, Chu1a Vista, California, 91910, (Historic Site #10a). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number lOa, 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 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: 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 13-68 Page 2 of6 Mills Act Contract 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 shall 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 rqles and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner shall 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; 11. Scrap lumber, junk, trash or debris. lll. 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. f." 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. ~ 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 and the City Council prior to the issuance of such permit. 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 ofthe 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 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 13-69 Page 3 of6 Mills Act Contract 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 r=oved the historic site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50286. 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 ofthis 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 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 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 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 ofthe 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. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 19,2006 (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 13-70 Page 4 of6 Mills Act Contract upon the anniversary of the effective date, such initial t= will automatically be extended as provided in paragraph 8 below. 8. 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 hereiI).. 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 (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 execution or from the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms ofthis 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): Patrick and Vicki Neill 611 Second Avenue Chula Vista, CA 91910 13-71 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. Approval of this request shall not waive complianpe with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances c. 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 Historic Site. d. 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. e. 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. f. 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. g. 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 shall cause this Agreement to be recorded in the office of the County Recorder ofthe County of San Diego. g Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 13-72 Page 6of6 Mills Act Contract 13. Attorney Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as if both City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 13-73 Page 7 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 611 Second Avenue, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: By: Cheryl Cox, Mayor (Notarized Signature) Date: Date: Attest: By: (Notarized Signature) Susan Bigelow, City Clerk Date: Approved as to form: Ann Moore, City Attorney OWNERS PLEASE HA VB NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 13-74 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. 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 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 form and integrity of the historic property and its environment would be unimpaired. 13-75 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 LDff\.O""(i ~ IMPROVEMENT. , . . t9'i1o -U"<d.1).ic'k ~-\~ ~ (~~k~ +. k) 2.-00(> u ~Q..L~ Vf't':a...L. - Yac.k p\~~-r Wd.U, ~~b-\- bo.--t\J-v\uo D..;;? b-;.. -kr,; . "€..fk:c--r ~\. wZ-\+..- ?Cr'~6 o:,\""'s o \Y'*--" cr,,- ~'^-~~ W \~ ch.oyn..C-~-'6:~ \.-.o.rd.,-"",--.o.~ --1=1""'"5, c..,...'o, ~ . ~:m.rl'd. ~"--\\ +~Yn~+:' ,GJMJ.-b'J ,,,;.~:,~ Please list the improvements and restorations that you intend to make over the next 1 0 <C ~ . years. List them in order of your priority based upon anticipated need for proper . maintenance. 2.=" 26'-'>L.. PRIORITY I) .l..) 3) ~) IMPROVEMENTffiESTORATIONS ~+;",,- ~ bo.ch0~ . " o{'A-\-4iO-cNJ-.Y"""daJ.. ( 'eacL~) {;1--t0f\~ S~uc. \-v.,"'-. ~o..~h -\ ~. f'~=-r'-.JC~-O,^- e ().-",,~a...;:t clr. v <c. W4 m~\-o--r-~ ~ -..-'\Q...D -\uy- 0- -hvvI. 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 :::'00 '" ili, '"I" Ad A~~:'~~:bb& 1/~ 1/ 13-76 I' i (J . ~ .,.., "J /!