Loading...
HomeMy WebLinkAboutRCC AGENDA PK 2005/11/07RESOURCE CONSERVATION COMMISSION INFORMATION MEMO TO: Resource Conservation Commission VIA: Marilyn Ponseggi, Environmental Review Coordinator From: Lynnette Tessitore-Lopez, Associate Planner Subject: Mills Act Contracts Date: November 7. 2005 BACKGROUND: Staff has prepared contracts for the owners of historic homes who want to participate in the Mills Act progam. Upon recommendation by the Resource Conservation Commission, the contracts will be forwarded to City Council for consideration and authorization for the Mayor to sign the contracts. The contracts 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. RESOURCE CONERVATION COMMISSION AUTHORITY: In accordance with Council Policy Number 4S4-O1, Mills Act Contracts shall he reviewed by the Resource Conservation Commission and a recommendation made to the City Council. DISCUSSION: This is the fifth year of the Mills Act Progam in Chula Vista. On May 29, 2001 Council adopted a policy that allows the City of Chula Vista to enter into Mills Act Ageements with owners of properties which are on Chula Vista's List of Historic Sites. These ageements will help provide the property owners financial assistance in the fornr ofproperty tax relief. Following meetings with the applicant, Staff prepared contracts that will be entered into by the owners of historic homes who want to participate in the Mills Act Progam The homeowners of the following three homes have applied to participate in the Mills Act Program this year: 1. 170 Cypress Street, Chula Vista 91910; The LG Springer House, #23. 2. 89 Country Club Drive, Chula Vista 91911; The Theodore Thurston House, #21. 3. 10 Second Avenue, Chula Vista 91910; The Lucious Wright House, #40. Staff, together with each homeowner, has determined a list of potential improvements to the property to be included in the contract and expected to be completed over the next ten (1t1) years, Some of the potential improvements include: painting the homes with historic colors, repairing and restoring roofs, and general maintenance and repairs that will help retain the property's historic character. Subsequent to the Resource Conservation Commission's recommendation to the City Council, each owner will be required to execute and notarize the contract thus showing their agreement to the provisions of the contract. Prior to the City entering into each of the Mills Act Agreements, each Agreement must be reviewed and a recommendation to City Council must be made by the RCC. Once the RCC makes a recommendation to the City Council, staff will forward the contracts to the City Council. Upon approval by the City Council, and authorization by the Council, the Mayor will execute the contracts which will be forwarded to the County Assessor's office for recordation. Conclusion: Each of the properties are listed on the Chula Vista List of Historic Sites and the homeowners have voluntarily applied to participate in the Mills Act Program, thus indicating their commitment to preserve the historic character of their homes. Staff requests that the RCC make the recommendation to Council to approve each of the Mills Act Contracts. I Mills Act Contracts Z. Photos of the properties 1:~Plannmg\Lynnette\mills act docs\mills act contracts rcc meow 2005.doc ~lllT~ %~~ 'an of CNULA VLSfA CITY OF CHULA V15TA PLANNING ~ BUILDING DEPARTMENT 276 Fourth Avenue Chula Vista, CA 9] 910 APPLICANT/OWNER INFORMATION Applicant/Owner Name: Applicant/Owner Address: // /TU (,~10/~~5 _ _ Phone: ~/J~~ a~D3- 3~a.~ (`7 Secondary Owner Nam~ie~: ~/Q/~if, /~, ~_/rf/Q~~P~'J Owner Add/ress: ~ / v {' Phone: L ~~/ c~O~- ~5 ~'S -.~`j~C,' OWNER APPROVAL IS REQUIRED NAME: NAME: SIGNATURE: SIGNATURE: DATE: DATE: MILLS ACT APPLICATION FORM Staff Use Case Date Submitted: PROPERTY INFORMATION Property Address: / 7U (G1Dr~s~ Assessor's Parcel Number (Required): ,j/~q- /~•~- ~/Q~l~~ ~' Zone: HISTORIC/LANDMARK INFORMATION Is the site designated as Historic? VPS ~ ~ If yes, where? ~_Local State Is the site on the Local Register Listing? If yes, Date of Listing: ~~ =~-(~ PROPOSED STRUCTURE/IMPROVEMENT The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the owner intend to carry out to achieve/m . intain the goal of the M)'lls Act Program. (Alta h o separate sheet if necessary) ~c~~~::i?r ~~; ~a'~~~~d h-~~~ ~_r~?/~~ ~o ~~ria`CI~~/ eX-~tio~ National Date of Designation: ~-~~ I?n~~~ `~~~ Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Q This Spuce jor Recorder's Use Only II APN(s) 569-142-06-00 MILLS ACT AGREEMENT For property located at 170 Cypress Street, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and William E. Lewallen and Diana A. Lewallen ("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. 569-142-06-00, and generally located at the street address 170 Cypress Street, Chula Vista, California, 91910, (Historic Site #23). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 23, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WIIERF,AS, 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 fart 2 of Division ] of the California Revenue and Taxation Coda (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Coanpliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. Page 2 of 6 Mills Act Contract Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. 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, stntcture or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of--way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such pemrit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth m California Government Code Sections 50280, et seq., may cancel this Agreement if it determmcs 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 standard. Page 3 of G 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 maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as maybe 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. G. 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 restncuons as set forth herein shall be deemed covenants rutming 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 arc 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 ]and, 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 ou to he detern~irtecl (but no earlier than approval of the agreement by the City Page 4 of 6 Mills Ac[ Contract 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 Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice ofnon-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or Gity shall serve written notice ofnon-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 ofnon-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 ofnon-renewal. If either City or Owner serves notice to the other ofnon-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. Notice. Any notice required to he given by the terms of this Agreement shall be provided at the address of the respective parties as specified helow 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 9]910 To Owner(s): William vrd Diana Lewallen 170 Cypress Street Chula Vista, CA 91910 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 Agreement 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 of the provisions of this Agreement are held to be unenforceable or invalid by any court ofcompetentjurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not he 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. 1 1. 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 he amended only by a written and recorded instrument executed by the parties hereto Yage 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 170 Cypress Street, Chula Vista, CA 91910 CITY OF CHULA VISTA Date: OWNER(S) OF RECORD Date: Approved: Stephen C. Padilla, Mayor By: (Notarized Signature) Date: Date: Attest: Susan Bigelow, City Clerk By: Date: Approved as to form: Ann Y. Moore, City Attorney (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 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. 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 stnictures, 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. 'fhe 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 enviromnent. l0. 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 unimp~ured. I I; 0Li 06 1'L: Z9 FAR C, V. PLANNING & B0I LDIN(; 11/©2/2005 11:16 6195853934 ~ ~ 7~~,pIVIV1IYV a. n~iu,REAL EST Ii./D1/06 76;65 FAX AT'Z'ACHMENT "B" MILLS ACT AGREEMENT SiIPpI.EMF.NTAL (To be completed by the Owner) Pleasc list, to the beat of your knowledge, the lmprovemen~ that have been made over tl7a past 10 years to maintain or rehabilitate this property. , C~ 002 PAGE 62!02 ]GEAR INTkROV ME 2rJ c~ = ~'n-F~I~i 7~r - w ~ ocl (ofl r s G~.'VLo(' tv~oc~ -~riM .~,caet~ cArnra-lzfe lt,~, re.5~n?cp -~o resemble or{~irta (, fc~-~jS C,uCtM1e p~in~l-QCj. ~~rofcz~ ralhalow 0(uss ~.tzs repluc~d p c~+ed~ m t~~s't~a.`q( s h~rr }~~~~~ s u ~ ~ (~C ec~f rho ~i~vloc-pl -~~' e (~ pr-l~~nL+?! s~l¢. hl~,,~ Lard/sca~j,~S trvus ~n~s-~ llsc(', Please list the improvements and restorations t17r7t you intend to make over tltc next 10 years. Last thcnx ixz order of your priority based upon anticipated need for proper maintenance, PR[ORTTX IM.PROVEMENT/R7ta9TORt~.TION5 ~~~~~ Qnga,n~ ~~ ~ ~+~6~~~, w ~ II t,~ ~r-(~rmvoF' ~ 1C~e-p ~-~2~ G~,~use }~ gao~1 c.~>1c~~~,~n ~ -~~ ~v~-~~v~ jYn~ra-~~~~ OWJ`IER CERTIJ+'J(CAT>LON: 1 certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental infoxr77 ation on. this form will be usod as an exhibit attached to 4he Mills Act Agreement. Date: SiPUature: \ V /\\ / PROTECT LOCATION G press St o y y N -- ~ ~ o -~ ~ ad~ona S< ~~ M L -~ G St i~"~~ \ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT L.G. Springer House APPLICANT: PROJECT DESCRIPTION: MIIIS ACt PROJECT 170 Cypress Street ADDRESS: NORTH SCALE. FILE NUMBER: No Scale J-\planning\carlos\locators\170cypress.cdr 11.01.05 /~~ ~~~~rPSS ~~ °. ~ .F f\ ~' .. T.~ ., a ss :. e ~ ~ . .- s^R..,,..., .....,,, n k. /~ ~ 7 maw ' i ~, e ,~y r.g-' 'k.P,$ ro rte' - .. , ~'*s . ~~~ W,. ~ «. t ~; a ,' r~' ~. e w n r `-f.. ~ x- ' w ~ ~ s" v R..i* v 'y, ~y _ ?. q s ~ v y er~~ a.,,i n •~~. > u m5a y 'r r e :,r . t .. o ~ L.:$ + `�-. `� ��l. �. , ��, -�. i'� v ���, �'` R .. . k �� i� �yli�'. ~`fr~ CITY OF CHULA VISTA ~~ PLANNING & BUILDING DEPART1v1ENT ' Marv or 276 Fourth Avenue C~-IIJIA V6TA Chula Vista, CA 919]0 APPLICANT/OWNER INFORMATION Applicant/Owner Nome. ~ ~~ ~~N 1ti cs Jlcµ Applicant/Owner Address: 8989 ~c~vT y ~ ur3 / ~' . IL Phone: ~t ~ ~ 4.L 7 - "7,r ~ 3 ~~~ °`'/~ Secondary Owner Name: Owner Address: Phone: MILLS ACT APPLICATION FORM Staff Use Case #. Date Submitted: ~~ Q l4l- OWNER APPROVAL !S REQUIRED NAME: ! ya~ U//.iOI/ic= NAME: SIGNATURE: ~/L~~y-r~~~Y ~ ~ c+ SIGNATURE: DATE: ~'3 ';,~-'~',`-~~-a~ DATE: PROPERTY INFORMATION Property Address: , S~J ~`~4'~jP->'' ~-~-~~/3 c~-~'./ Etc Assessors Parcel Number (Required): 57.5 C>3j ~ ~' 00 Zone: ~- ) HISTORIC/LANDMA,RK INFORMATION Is the site designated as Historic? e~ Z~' ~°f-,<cec6. If yes, where? Local / State National Is the site on the Local Register Listing? ~ re~> If yes, Date of Listing: ~: ' ' ia~:~~~. t' ~~~~n_r 1 PROPOSED STRUCTURE/IMPROVEMENT The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Att~aLch a separate sheet if necessary) i=:r~w~-E a5~'LUz, '~-~ 54: ~-c~~ ~~ v~-t~Y~ a-vc: t. Qa~L~cPP c~z~_ ~ /~ ~-r cf .L7 f ~Z LG JPA'- ~f . ! u~L i / GsiL rc c-c. ~- ~ ~ r Date of Designation:~'~~ ~ ~'`~ 7 fz,C _ 7 ~i:LL~ V /~ rz~;-r - va-~ a y-Y c-c i n ~ . ~ ~ --~ ~- Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 17 This Space for Recorder's (/se Only 11 APN: 575-031-26-00 MILLS ACT AGREEMENT For property located at 89 Country Club Drive, Chula Vista, CA 91911 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and No Zaninovich ("Owner"). RECITALS WHEREAS, California Govcmment Code Section 50280, et seq., referred to as the Mtlls 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. 575-031-26-00, and generally located at the street address 89 Country Club Drive, Chula Vista, California, 91911(the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number 21, 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 Califomia Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual bencftts and covenants, City and Owner agree as follows: ~~i:twE`J~t3 u ~ , _ ~,r Pj ~~ ~"" 'i~~4(l?: Page 2 of 6 Mills Act Contract Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired strictures, such as: fences, roofs, doors, walls and windows; ii. 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. 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 struchire from the public right-of--way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior altcranon ar 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, ed seq., may cancel thts Agreement If it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this 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 eyuity 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 restretions as sat forth herein shall be deemed covenants rutming 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, dced, 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 ~s rendered less valuable thereby. City and Owner hereby further declare their wrdcrstauding 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. Yage 4 of 6 Mins Act Contract 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on To be determined (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 pazagraph 8 below. 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 ofnon-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 ofnon-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 ofnon-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 ofnon-renewal [f either City or Owner serves notice to the other ofnon-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 ]ater 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): No Zaninovich 89 Country Club Drive Chula Vista, CA 91911 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 Agreement 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 clams 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 subseyuent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. £ 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 of the County of San Diego. 12. Amendments. This Agreement maybe amended only by a written and recorded instrument executed by the parties hereto Page 6 of G Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 89 COUNTRY CLUB DRIVE, CHULA VISTA, 91911 CITY OF CHULA VISTA Date: Approved: OWNER OF RECORD Stephen C. Padilla, Mayor Date: Date: Attest: Susan Bigelow, City Clerk Date: Approved as to fomt: Ann Y Moore, City Attorney By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 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. 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. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropnate, shall be undertaken using the gentlest means possible. 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 architectura] 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. AT 1 L-S~*L.i11Y1~~T~ ~b~9~ 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 IMPAOYEMENT ~ -~ CxE'-}c'ftAl. Ft AlIV7~7~s4,Vtc up Vic-:=-J~ 4F r~+x~ ff~crs ~ /tea ~n,o r 2noo R~caCr 771,E RocZF rv ao,~tw~,T ~1t ~F77fE` R.ao~i. ,2poz REZwRxca t<Nn'ne Daltr~ay ~ ~'*47~ ~ ~ ~ocrse. / 99G /NSngcc sp~rNUlc'7t sysrt~t ~R ,~-,eo,~rT a.~ ~,erp P~#+eT oFY/rv" z<ar yam. 2.00/ Rc'7in~rR.2D ]~7QFt/n_` AhMACrE /N wny sr~T,~"4'~aTFf siDE wiaAOUVS. 1 998 J2Eprhec~ r.'+e= T/ct3 /N WAy DF M,~,+w~~'ecx-ss ,6~2c+%t Y~ r,~+r fFvusE hsrall+oot. zpao /~vt7~r-~ N~Ta/ FL.cr~t cavL-~.r,vG- rnr 7'1,ra 1<f7etir~tl A°k.~~+4 - 1997.~P~~'zj' ovaYt,Plr4sttE'n nr¢- /rAApe~.zoD ,st..c~ote Tta(tau6dtouT 7~e= fFOUSE_ Please hst tha improvements and restorations that you intend to make over the next I0 years. List them in order of your priority based upon anLcipated need Cor proper maintenance. PRIORITY IAZPRO'.'EMEN'FIRESTORAT[ONS I WINDowi oK Tlrt.' t^/~-gT 3rdE ruifS7't-i2 r~r'b~H ~"/~LC r~E ts~'F~GdeE0~RE7°?/~2c-D 2 SPRINK(..¢ S7t"7y W1Lt Fit f,<~CvgQ,4BS'~D ~Q E}[TIt"°A/J%VL M6Dl~lCh7rdMf Wt~L /3~C~ridQ.R/~-D OuT Tn Tffx~ r1`rs71R/4~ smN.d SG4 ~,iV4-. 3 . ~p-n'o / or~crt~=D -cD ~ sown-too-x~s-r sv~~ of ~ +a•ous~ wiw 13F OV~"RHAttt.E~. ~N~-ft~~S-E FLao2 Re~.tt-~nt'~~ AND a~ ~2c-hAlRc-D. SM~.~ G.~t4Rp WAI.u. Wt~~ 3~ R~LAC.c-D ~, ~t~~ r42ouND JAc.v~Z.zt pcND SwtMMtl~Kr 'psot_ wit,tr 73~ OWNER CERTIFICATION: I certify that I am presently the legal oeti~ncr ofthe subject properly. Further, I acknowledge ttte supplemental infomiatitn, on this Coati unit' be used as an exhibit attached to the Mills Act Agreement Date- Signature: ~~ ~ y~ PROTECT Ks< LOCATION ue~ pt Say` M~9 ~ Country Chub Dr y- ~. -~ ,~ ,\ Nf,, _-- / ~ ' i CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Theodore Thurston House APPLICANT: PROJECT DESCRIPTION: Mills Act PROJECT gg Country Club ADDRESS. NORTH SCALE. No Scale FILE NUMBER' \planning\canosvocators\Bgcountryclub.cdr 11 01.05 HISTORIC SAN DIEGO COUNTRY CLUB ESTATE 89 Country Club Drive, 91910 ' ;F, -w a" I fs�•. 1928 J( heodore Thur =ton ♦r House ~~~~~ ~ CITY OF CHULA VISTA ~ PLANNING & BUILDING DEPARTMENT air or 276 Fourth Avenue CHUTA VISfA Chula Vista, CA 91910 ii APPLICANT/OWNER INFORMATION Mills Act APPLICATION FORM Staff Use ~7 Case #: ApplicanUOwnerName:~lflittQY1 ~ f7fiSLt~~4 r2s'.r'1'l~xll J, Date Submitted' ApplicanVOwner Address: ~ ~ ,~r1G~ /-'cVL• -CJlnu~~ V ISfc, Phone:~LLI~'+~ 4`'i~ C~~~-S ~ `i1°t1'b Secondary Owner Name: Owner Address: Phone: OWNER APPROVAL IS REQUIRED NAME: ~ , r~ - >1 ~' "i'ncirl NAME: SIGNAT SIGNATURE: DATE: c~ DATE: PROPERTY INFORMATION Property Address: lC ~1~C1 ~,~~~ ~11;~Ck ~llSit~t, ~~ ~ f'~ ~c11C' Assessor's Parcel Number (Required): Zone: HISTORIC/LANDMARK INFORMATION Is the site on the Local Register Listing? Yes ~ No ~~- Date of Designation Is the site designated as Historic on the Stale and/or National Register? Date of Designation: PROPOSED STRUCTURE/IMPROVEMENT The goal of the Mills Act Program is to encourage the use, muiulenunce, and resturation of historical properties and retain their characteristics as propcrtics of historical significance. Plcasc list restoration improvements, either specific or general, [hat you/thc ~S t~ ~~ Sc ct~>~ owocr intend to carry out to achicvc,~maiutain the goal of the Mills Acl Program_ (Attach a separate shec[ if necessary) Recording Regvested 6J' and Please Return !v: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 1? This Space for Recorder's Use Only II APN: 566-060-07-00 MILLS ACT AGREEMENT For property located at 10 Second Avenue Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Christian and Priscilla Freeman ("Owners"). RECI"PALS 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. 566-060-07-OQ and generally located at the street address ]0 Second Avenue, Chula Vista, California, 91910, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number 40, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire [o 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 Yo the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW "THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Ac[ Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. 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. 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 stmcnire from the public right-of-way. e. Should owner apply to the City for a pernrit for demolition, substantial extenor alteration or removal of the Historic Site, Owner shall attend and participate m a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this 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. Page 4 of 6 Mills Act Contract 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on to be determined (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 pazagraph 8 below. 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 ofnon-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 ofnon-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 ofnon-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 ofnon-renewal. If either City or Owner serves notice to the other ofnon-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): Christian and Priscilla Freeman 10 Second Avenue Chula Vista, CA 91910 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 Ageement shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances. c. Owner agees 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 datnages 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 Ageement 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. 1n 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 subseyuent 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 constmed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto Page G of G Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 10 SECOND AVENUE CHULA VISTA, 91910 CITY OF CHULA VISTA Date: OWNER(S) OF RECORD Date: Approved: Stephen C. Padilla, Mayor Date: Attest: Susan Bigelow, City Clerk Date: Approved as to form: Ann Y. Moore, City Attorney By: (Notarized Signature) Date: By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 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 he 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. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 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. 0. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT 2bb3 <°rnPlel-e- .~ar-cbwn ,~ o-4 -~'o~n~~n c-o~~(e-lely hev~1 -Foy r~}j~or~ l~vl i-F- <~`to ~D~ zoo3 r~n~lcdel o-f bac~ycT,rr~! ~ ~ns~4u1\a-4;~~, ~- {~700\ ~~ ~rnwZZi , 1Ahdsc.a~lnc~ ~~t ~j coo) ~ ~PXKf'S ~Vi~ C,~ ~J.C.~L o-{ ~~-t""~ ~ln~a~ ~'~ 1gV~dsca>?1~~ i-t-reC--t-r'~mn,~n~ ~g'ooo~ Please list the improvements and restorations that u intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY ,~ 3 9 OWNFR CERTIFICATION: IMPROVEMENT/RESTORATIONS !t-cb~i(~ GX'vrnb(~ ~,x,-~e~^ior ~orcle,5 re- l~u-ld s c r,~'~ r~ I certify that I am presently the legal owner of the subject property. Further, 1 acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: Si~nature• ~- ~ \\ PROJECT LOCATION ~ sr~c~e`l St G St o- i ,~ Seava\e S~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT APPLICANT: LUCIOUS N/flgh~ HOUSE PROJECT DESCRIPTION: Mills Act PROJECT 10 Second Avenue ADDRESS. NORTH SCALE: No Scale FILE NUMBER: J9planning\Carlos\locators\10secondave.cdr 11.01.05 r r it I ol