HomeMy WebLinkAbout2008/12/09 Item 9
CITY COUNCIL
AGIENDA STATEMENT
~(fe-. C1TYOF
~=:E (HULA VISTA
Item No.: q
Meeting Date: 12-9-08
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MILLS ACT AGREEiVIENT
BETWEEN THE CITY OF CHULA VISTA AJ'ID THE OWNERS
OF THE mSTORIC SITE LOCATED AT 201 "I" STREET
AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT
SUBMITTED BY:
DIRECTOR OF PLANNING AND BUILDIN~
REVIEWED BY:
INTERLVl CITY NIANAGER S r
4/5THS VOTE: YES
NO
SUMMARY
In accordance with Council Policy #454-01, staff has prepared an agreement for the owners of201
''1'' Street (Historic Site #74) who have requested to participate in the Mills Act program. Upon
authorization by the City Council, the City will enter into the agreement, which will then be
forwarded to the County Assessor's office for recordation, making the property eligible for tax
credit in the next assessed tax year.
BACKGROUND
On May 29, 2001, Council adopted a policy (Policy #454-01) that allows the City ofChula Vista to
enter into Mills Act Agreements with owners of historic properties. This agreement will help
preserve the historic character of the property and will provide the property owners fmancial
assistance in the form of property tax relief, which is intended to offset the costs of repairs and
upkeep to retain the historic character of the property. Staff has prepared an agreement with input
from the property owners. . To date the City has entered into approximately 30 Mills Act
Agreements.
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Date, Item No.: <1
Meeting Date: 12-09-08
Page 2 of3
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has determined that this program is exempt pursuant to
the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical
Resources Restoration and Rehabilitation.
RECOMMENDATION
That the City Council adopt the resolution approving the Mills Act Agreement for 20 I "I" Street.
BOARDS/COMMISSION RECOMMENDATION
The Resource Conservation Commission (RCC) reviewed the attached Mills Act Agreement for the
referenced property on November 3, 2008, and recommends that the City Council approve the
agreement.
DISCUSSION
The owners of 201 "I" Street, Historic Site #74 (The Otto Ellinghaus House), have applied to
participate in the Mills Act Program.. Staff met with the property owner, and together
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 home with historic
appropriate colors, restoration of windows, resurfacing of the front porch area, and general
maintenance and repairs that will help retain the property's historic character. All of the
proposed improvements are consistent with the historic preservation goals of Chula Vista. The
property owners have signed the proposed Mills Act agreement, showing their commitment to
the provisions of the agreement. Once assessed under the Mills Act the property owners, in this
case, may receive approximately a forty-percent (40%) reduction in their property taxes
excluding any special assessments.
City Council approval is required for a Mills Act agreement. Upon approval by the City Council
and signature by the Mayor, the agreement will be forwarded to the County Assessor's office for
recordation. .
DECISION-MAKER CONFLICTS
Conflict:
Staff has reviewed the property holdings of the City Council and has found a conflict, in that
Councilmember Pamela Bensoussan has property holdings within 500 feet of the boundary of the
property which is the subject of this action.
FISCAL IMPACT
The property will receive a reduction in property taxes as a result of entering into the Mills Act
agreement with the City. The County Assessor's office estimates that the reduction in property
taxes, as a result of entering into the Mills Act agreement, would be $2,857 per annum resulting in
a net loss to the City of approximately $419.00 annually. The City receives $0.147 of each
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Date, Item No.: ~
Meeting Date: 12-09-08
Page 3 of3
property tax dollar and although the property tax revenue loss of each individual Mills Act property
is relatively negligible, over time, if the City enters into Mills Act agreements with significant
numbers of property owners, the revenue impacts could cumulatively become significant.
ATTACHMENTS
I. Resource Conservation Minutes (11-3-2008)
2. Photos of20l "I" Street
3. Mill Act Application for 20 1 "I" Street
Prepared by: Lynnette T essitore- Lopez, Associate Planner; Advance Planning
J:\Planning\Lynnette\council\1'vlills Act\2Q08\201 I Street Mills Act Agenda Statement.doc
9-3
DRAFT RCC Minutes
November 3. 2008
MINUTES OF A REGULAR MEETING OF THE
RESOURCE.CONSERVATION COMMISSION
,17TilCtlAA&IJT L
November 3, 2008
Ken Lee Building, Conference Room
430 "F" Street
MEETING CALLED TO ORDER by Chair Jasek at 4:30 p.m.
ROLL CALL/MOTION TO EXCUSE
MEMBERS PRESENT
Chair Stanley Jasek, Commissioners Brett Davis, Lynda Gilgun,
Doug Reid and Georgie Stillman
Commissioner Reid left early at 5:30 pm
MEMBERS ABSENT
Commissioner Eric Mosolgo unexcused
STAFF PRESENT
Marisa Lundstedt, Principal Planner
Lynette Tessitoro-Lopez, Acting Senior Planner
Michael Meacham,' Director of Conservation & Environmental Services
Brendan Reed, Environmental Resource Manager
Grant Gibson, Conservation Specialist
Candy Uvero: Recording Secretary
OTHERS PRESENT
Pamela Bensoussan, Chula Vista resident
Angelo Miranda, Chula Vista resident
Sherrie Miranda, Chula Vista resident
ORAL COMMUNICATION None
APPROVAL OF MINUTES: Amendment to April21, 2008 minutes:
Item #3, Commissioner Comments, third sentence in paragraph three to read as follows:
In the beginning, when the CCWG began having these meetings, the public was made of aware of the
meetings (by way of Public Noticing).
Item #4, Commissioner Comments, paragraph 5 to read as follows:
Commissioner Gilgun commented, that in her opinion, the RCC can make an impact by attending the
Design Review Committee or Planning Commission meetings
MSC (Gilgun/Reid) (5-0-0-1)
Approval of May 19, 2008 minutes
MSC (Reid/Stillman) (5-0-0-1)
NEW BUSINESS
1.201 "I" Street Mills Act Agreement
Lynette Tessitoro-Lopez, Acting Senior Planner, gave a brief overview of the property at 201 "I" Street and
asked that the RCC review and make a recommendation on adoption to City Council.
Commissioner Comments
Commissioner Stillman had Ihe following comments and recommendations:
. The home is lovely and beautiful addition to the neighborhood.
. The previous owner changed the walkway which conflicts with the Tudor look of the house. The
concrete front steps and current stone circular walkway is inappropriate and should be restored to the
original.
. Recommendation of a small stoop for the porch with railing and possible resurfacing of the concrete.
9-4
DRAFT RCC Minutes
November 3. 2008
In response, homeowner Sherrie Miranda stated:
. The style does fit in with the Tudor style and does not see how the front porch and walkway is
inappropriate.
. Presented a photo album that showed xeriscape landscaping.
Public Comment
Pamela Bensoussan, Chula Vista resident:
Objection regarding the round porch is the etched concrete, which is deemed contemporary. Complimented the
Mirandas on the excellent landscaping and utilizing plants friendly to the environment. The house does qualify
for a Mills Act contract and is the type of house that is wanted in this program. The current owners are good
custodians to the house and urges the commission to approve the application.
Commission Davis inquired why the sidewalk was not addressed when the applicant initially applied. Lynette
Tessitoro-Lopez replied that it was never challenged.
Commissioner Stillman moved for a motion to change front porch with a stepped stoop porch and resurfaced
concrete on a continuum to preserve the home and for historic authenticity. There was a lack of a second.
Commissioner Gilgun moved for a motion to improve the walkway after seeing the recent developments with
landscaping in the photographs provided by the Mirandas. Stated that the owners have incorporated the
walkway design with the garden and is leaning more towards resurfacing the concrete rather than replacing the
porch.
Commissioner Davis inquired as to why this was not addressed when the applicants applied. Chair Jasek stated
that historical design is different than the Mills Act requirements. At the time, the home had enough historical
merit and the owners have requested their home be recognized under the Mills Act. This home is recognized as
a historical home because of the design of the architect and its association with the master builder.
Commissioner Davis asked why the historical requirements are not included in he Mills Acts requirements. Chair
Jasek explained that owners of such homes may not want to upkeep or preserve the home.
Msue (GilgunlDavis) that the RCC recommends the house be accepted with the agreement that the existing
porch and walkway be resurfaced in order to maintain the architectural integrity. (5-0)
2. Proposed Transition/Reorganization Process: Ree Roles and Responsibilities
Director of Conservation & Environmental Services Meacham provided the commission with the municipal code
section, which outlines the role of the Resource Conservation Commission. The Department of Conservation
and Environmental Services. The Planning department will continue to have the RCC review applications and
recommend to Council homes to be accepted under the Mills Act. The departments of Pubiic Works,
Engineering and Planning will also partner with Conservation & Environmental Services in regards to program
oriented activities which are funded through fees, grants and the general fund. Director Meacham stated that he
would like the RCC involved in a more inclusive and open process, with the public involved before items go to
Council. By moving the meetings to Council Chambers on alternate Mondays would make the meetings more
accessible to the public.
Principal Planner Lundstedt stated the current role of the RCC in regards to CEQA will be retained with the
Planning Commission in order to streamline the process. The RCC is seeing the end line of the process too late.
Agreed with Commissioner Reid that the Planning Commission needs input sooner from the RCC.
Commissioner Comments
Commissioner Stillman questioned if the a member of the RCC can be appointed to the "Always" list for the
Planning Commission. This will allow the RCC to address legitimate concerns in regards to EIR's and design
review since it will no longer be reviewing plans directly.
Commissioner Gilgun stated that if there was a real concern regarding a plan, that an individual attend the
Planning Commission meetings and speak as an individual, not as a representative of the RCC.
Commissioner Reid stated that the Planning would need input sooner from the RCC and not be involved with
the more formal decisions Allow those with the expertise to make those decisions but the RCC should still be
able to comment on projects and a commissioner be added to the "Always" list.
9-5
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CITY OF CBULA VISTA
PLk'illING & BUILDING DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 91910
Mills Act
APPLICA nON FORlY!
CI1Y OF
(HULA VISTA.
II
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II APPLICA1~T/OWNER INFORMA nON
Applicant/Owner Name:A.1J b S W (I) I RA tv DA
Applicant/Owner Address: ;< 0 \ "::C I< 'STREIT
Phone: b \ C\ flC( l ~ q;z b
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Case #: ).11 - ~ g - tm7'
Date Submitted: C? ;;.s. ;< "i:Jg
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Secondary Owner Name:
Owner Address: :l 0 ,
Phone: b \ Gj , (/11 ' ~ ~:;Zb
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SIGNATIJRE\:
DATE: ~ r
, OWNER APPROVAL IS REQUIRED .
."/'J- . NNvfE: S\-\tz~I~ 1'l\~F\\)m
i ' /'" SIGNATURE: J
, I',", DATE: 2. i
II PROPERTY INFORMATION
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Property Address:.2:, .L
Assessor's Parcel Number (Required):
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Sl- '3 - 120 - i;3 - 0 0 ./ Zone:
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I mSTORICfLAi"IDlVIARK INFORMA nON
Is the site on the Locai Register Usting? YeS' NO. IL' /, ,,{;./ 41.::7-J
Date of Designation DE-L- 1I) ::(oo~ - rJ( Sj-'''' c. I!v I I
Is the site designated as Historic on the State and/or Nationai Register? 6f/,. -7 IE7/~r i ~
Date of Designation: #1t.J::!Jl
II
II PROPOSEDSTRUCTURE~ROVElVffiNT
The goal of the NIills Act Program is to encourage the use, mamtenance, and restoration of historical properties and retain their
.characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary)
I(j \\EPlf\Ct: ,~Nj \IINv)L i.qINOOWS \,vltlJ \'\J11oDh) \,diNDOIV> \1~Al'
~~,ArC(1ES "\\~~ SteIL-I::: AND LooK (l)F THE CUfCr,J! nR.llrl.<JAL tAroO(X:.JJ
c..Ji,'JDoVJ ' 1..-(1-' IN PL'lCE RE- PAI;0TiE ~TER/tl[L . pp,A
/,t:::--nh-:- Lk'J('i':; YiD t~LJL fiouSE A MnPT-- (l"iC,)ql,~ Lnnl:'
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE iVIILLS ACT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA Ai'ID THE OWN~RS
OF THE HISTORIC SITE LOCATED AT 201 "I" STREET Al"TI
AUTHORIZING THE MAYOR TO SIGN THE AGREEiVlENT
'WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into agreements 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, Council Policy Number 454-01, adopted May 29, 2001, authorizes the City
Council of the City of Chula Vista ("City") to enter into Mills Act Agreements with property
owners of qualified historic properties; and
WHEREAS, City and the Owners of 201 "I" Street, for their mutual benefit, now desire
to enter into a Mills Act Agreement both to protect and preserve the characteristics of historical
significance of this designated Historical Site (Historic Site #74) and to qualify this 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
(as amended from time to time); and
WHEREAS, State legislation defines a qualified historic property as any property that is
listed on a national, state or local historic register; and
'vVHEREAS, the subject property is listed on Chula Vista's List of Historic Sites, and
therefore is deemed a "qualified historic property"; and
WHEREAS, the Resource Conservation Commission at their regular meeting held on
November 3, 2008, reviewed the agreement in its entirety and voted 5-0 (Commissioner Eric
Mosolgo absent) to recommend that the City Council approve the subject Mills Act Agreement;
and
WHEREAS, the Environmental Review Coordinator has determined that this action is
exempt pursuant to the California Environmental Quality Act (CEQA), Section 15331, Class 31,
Historical Resources Restoration and Rehabilitation.
9-9
Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the
executed Mills Act agreement between the City of Chula Vista and the owners of 20 I "I" Street,
located in the City of Chula Vista.
Presented by .
Approved as to form by
Gary Halbert
Director of Planning & Building
.~)3art C. 1 1
, lnterim City Attorney
9-10
J:l.AltomeylF1NAL RESOS\2008\12 09 08\#_201 1 Street Otto EI\ingh3us House-MillsAct_12.09_08.doe
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR\\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON AFPROV AL BY
THE CITY COUNCIL
~L
Inten
s
Dated: I:? ) slug
I /
Mills Act Agreement between
City of Chula Vista
and
Angelo Miranda and Sherri Miranda
9-11
Recording Request!?!.! by end
Ph:!ase Return to,'
City Clerk
Ciry of C~t1b Vista
P,O. Box IOS7
Chub Vista, CA 91910
11
This ,).pace for Recorder's use On~v
11
APN(s) 573-120-18-00
MILLS ACT AGREEMENT'
For property located at 20] ''1'' Street., Chula Vista, CA 91910
THIS AGREEf\tENT is entered into by and between THE Crry OF CHULA VISTA, a
munieipal corporation ("City") and Angelo Miranda and Sherri Miranda ("O\'mers").
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 lheir
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. 573-120,18-00, and
generally located at the street address 20 I "I" Street, Chula Vista, California, 9 I 910, (Historic
Sitc # 74).
WHEREAS, the Chlda Vista City Council declared and desigl1atcd the above property as
Historical Site Number 74, pursuant to 01ula Vista Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benerit, now desire to enter into this
Agreement both to prot'~ct and preserve the characteristics of historical sif,'11ifinmce of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing \vith Section 439) of Chapter 3 of Pan 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 tmd covenants, City and O\vner
agree as follows:
1. Como!1lli'1CC with Council Policy. Owner shall comply with Council PoHcy Numbcr 454-
o I incorporated bercin by !Jus reference.
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,
o
Mills Act Conrract
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
1h Ow'ner shall preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, ,vhere necessary and feasible, restore and
rehabi.litate the property, in accordance v"ith 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. Ovmer shall maint1in 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;
n. 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.
~ 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, Coumy Assessor, State Department of Parks ilnd
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 m\ller 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
seheduled 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 penn it.
L Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a oemlit for the dcmolition, substantial exterior alteration or removal of the
Historic Site, O\vner shall comply with all City and State of CaJiJornia
environmental regulations, policies ,md requirements prior to City issuance of the
requested pernlir.
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 AioTeement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreel)1ent ifit determines
that Owner has breached any ofthe conditions ofthis Agreement or has allov'led the
property to deteriorate to the point that it no IDnger meets the City's or State's standards
lor a qualified historic property. In addition, City may cancel this Agreement ifit
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4
MilJs Act Contr,ct
detem1ines that the CAvner has Jailed to restore or rehabilitate the property in the manner
specified in subparagraph lea) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner sb..all be subject to
pa)111ent of those cancellation fees set forth in Califomia Government Code Section
50286.
5. Enforcement of Asrrcement. 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 O\V1ler, 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 oHhe 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 furthcr notice, declare a default under the tem1S of this Ab'Teement and may
bring any action necessarj to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to ,my 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 Om1er if City does not enforce or cancd this
Agreement. All other remedies oflaw or in equity \vhich are not Olhenvise provided for
in this Agreement or in City's regulations goveming 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 deemeclto be a waiver of any other
subsequent breach thereof or default hereundet.
6. Bindinf: f[fects of AITeemenL The Owner hereby subjects the Histone Site to the
covenants, reser,;ations 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 hercin shall bc deemed covenants nmning wirh the land and shall pass to and be
binding upon the Owner's Sllccessors 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, ,md accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless ofwheUlcr such covenants,
reservations, and restriction are set forth in sucb contract, deed, or other instrument. City
and O\\11er hereby declare their understanding and inrent that tbe burden of the
covenants, reservarions, and restrictions set fortb herein, touch and concern the land, in
that CAvner's legal interest in the Historic Site is rendered less valuable thereby. Citvand
- ... . .. . - - ~.
Owner hereby further declare their undersranding 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 lor the
benefit of City, the public, and CAvner.
7. Effective Date and Tenn of Agreement. This Agreement shall be effective and
cornmence on December 19,2006 (but no earlier than approval of the agreeme.nt by the
City Council), and shall remain in effect lor a tem1 often (10) years the rea Her. Each year
9-14
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l\tiHs ;\ct Contract
upon the anniversary of the etTective date, such initial term will automatically be
extended as provided in paragraph 8 below.
S. 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 or this Agreement
unless notice of no n-rem;wa I is mailed as provided herein. 11' either Owner or City
desin.--s in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance ofthe annual renewal date orthe
Agreement. Unless such notice is served by CAmer to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) day'S 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 wTitten 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 Olher of non-renewal in any year, the Agreement shall
remain in effect for the balance of the tern] then remaining, either from its original
execution or from Ll]e last renewal ofthe Agreement, ,vhichever may apply.
9. Notice. }illy 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: CityofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Angelo Miranda and Sherrie Miranda
201 'T'Street
C1mla Vista, CA 91910
9-15
General Provisions.
a. None of the terms, pro'visions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any oftheir heirs, successors, or
assigns, nor shall sllch terms, provisions, or conditions cause them to be
considered joint venmres or members of any joint emerprise.
Approva] of this request shall not waive compliance with all sections of Title 19
(Zoning) ofthe Mtlnicipal Code, and all other applicable City Ordinances
Owner agrees to and shall hold City and its elected officials, officers, agenL';, and
employees harmless from liability for damage or claims for damage for persona]
injuries, including death, and claims for property darn;\ge which may arise from
the direct or indirect use of operations of o'vner or those ofllis or her contractor,
subcontractor, agent, emp.loyee or other person acting on his or her behalf which
relate to the use, operation, and maintenance onhe Historic Site. Owner hereby
agrees to and shall defend the City and its elected Ot1icials, 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.
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.
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 thereot: shall not be effected thereby,
This Agreement shall not take effect unless and until Owner's signature is
notmized by a notary public. Funhennore, if 1ill agent or representative of Owner
si'ms this Agreement on behalf of Owner, the agent or representative must furnish
~ - -
proof, to the satisfaetion of City, that the agent or representative has authority to
act on Owner's bebalf.
This Agreement shall be construed and governed in aecordance with the laws of
the State of California.
6
;\trills Act Contract
10
11.
b.
e.
d.
e.
f.
a
".
Reco[.llation. No later (han tVien(y (20) days after the parties execute and enter into this
A'!feement City shall cause this Agreement to be recorded in the 0 ffice ofthe County
,0' ' 'J _" . --' . . .
Recorder 0 f the County of S,m Diego.
]2. J'unendments. This Agreement may be a.mended only by a \vntten and recorded
instnillJent exeented by the parties hereto
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i
1vlills Act Conlnlct
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrnin 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 tixed by the court, in addition to court costsand other
relief ordered by the court.
14. Banminin~ 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 O,vner(s), but rather as ifboth City and Owner(s) had prepared the same.
15. Countematts. This agreement may be signed in one or more counterparts, each such
countcrpatt shall be considered as patt of and the same document as an other related
counterparts.
lRemainder of Page Intentionally Left Blankl
9-17
S
Mills Act Contracl
SIGNA TlIRE PAGE TO MILLS ACT AGREEMENT FOR
201 ''1'' Street, Chula Vista, CA 91910
CITY OF CHULA VISTl\.
OWNER(S) OF RECORD for
201 ''1'' Street
Date:
Date: \~~ O~
Approved:
Cheryl Cox, Mayor
Date:
Date: p) J..) 0 0
,
Attest:
Donna Noms, City Clerk
Date:
Approved as to form:
Bart Miesfeld, Interim City Attorney
OWNERS PLEASE ill'.. VE NOTARY PUBLiC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
9-18
All-Purnose Acknowledgement
State of California
County of San Diego.
On l::ec.ernDer 'd. ?COCO before me,via:t1e<-
appeared . f\ (\';Y: \ 0 (Y); rc<n..el~ an d
KaZooGl.j, Notary Public, personally
':Jhe,n' e N i ra. n.d a..
,
proved to me on th.ebasis of satisfactory evidence to be the person(s) whose name(s) iSlare
subscribed to the within instrument and acknowledged to me that he/llhelthey executed the
same in rn~f:T/their authorized capacity(ies), and that by lBsiher/theirsignature(s) on the
. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
. the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
Witness my hand and ial seal.
L
.. Signature
(Seal)
.i ~ DIANA RAZOOQY ~
_ COMM. # 1795103
Ul .... NOTARY?UBUC.CAlIFORNIA ~
SANDIEGOCOmm ',..l
1 'MY COMM. Exp. A?~. 13. ,2012 ~
9,-19
ATTACHMENT "A"
SECRETARY OF THE I?,;'TERlOR STA1,DARDS FOR RESTORATION Ai,D
REHABILITATION OF HISTORlC STRUCTURES
t. A property shan be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the buildincr and its site and
~ ~ .. .. .y
environment.
2. The historic character of a property shall be retained and preserved. The removal of
historic materials er alterations of features and spaces that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record ofits 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 fe:ltllres, finishes, and constmction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shaH be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive n"ature, 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 "hall 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 ne\;v work shall be differentiated from the old
and shall be compatible \"ith the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions ,md adjacent or related new constmction shall be undertaken in slich a
manner that if removed in the future, the essential form and integrity of the historic
praperty and its environment would be unimpaired.
9-20
"
ATTACIDvIENT "E"
?>l1LLS ACT AGRERIVIE1\ff SUPPLEl\iEl'{fAL
(To be completed by the OV/ner)
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
~Ob
!J.co1-
:).odg
IMPROVElVIENT
~A1.!CIJ~ 'To fj<llPT \)wR..
6W".tiS t\W G'ARC;E.}J (B)\e1L :y1\'?J) ')
1iOJ..\\ jAllD )(~<')f",\~1Z
Please list the improvements and restorations that you intend to make over the next 10
years. List them ,in order of YOUT priority based upon anticipated need for proper
maintenance.
PRiORITY
, ..
4~
IMPROVEMENT/RESTORA TI 01"5
R~Aa:. ,All- ~Ju:I,U \D\;\j)0\.05 I.u\n\
~'LjJ l0\)jDct..:~ A~?'faQtlA~'\O ~
-rv Un!L S'Gt:€ . '
P.1\l,q !::i.('i:.,~(.1\L et- W'1:"1.f 1J5\t)G- of.\blfJfrL.
.;;-:-
Cot.j;.M AI ~~iZ-")i2.iJ\
KE.'fVf!..I'>( S H~,Gtk~
-t'J\l"'''' ::1J.;TIJuo!L C)~ licl1tZ ,
s'Re:s l1\Y+c;t u
fro n t wa I r
w().,,/ * pdJrG
)2,
.--,
5.
OWi\'ER CERTmCATION:
y..;e CAre..-
Vie J certify that ~ presently the legal ownel~fthe subject property, Further,f We...
acknowledge the supplemental information on this fOITll "ill be used as an exJ:1jbit
""'''''' '" ili, Mill, Ad A~,mL 12/, >Jo ;. ~ ..,
Date:' I;J,\,:<\Og' SH,u3tllre:,__~
fl :'~.I ~
9-21<.0 I ''.L 51
I"'"'U^t~" i'\ \ fit"""""" /,,{).
All-Pm:pose Acknowledgement
State of California
County of San Diego
On 'Ckc.€,'(Y\ir.::>er ;;:2, LOO'2l
appeared ,An9e..lO
before me. Uictno.. Q.o.WOQ'::) ,Notary Public, personally
1\.1 i rctt1 do. Ctru:P Ohern' e.. N i r-C<.fW/ <Z<.
, .
proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is'Iare
subscribed to the Within instrument and acknowledged to me that heishelthey executed the
same in hwm-r/their authorizedcapacity(ies), and that by lH&'ltoc/their'signamre(s) on the
instrument the person(s). or the entity upon behalf of which the person(s) acted. executed
. the instrument.
I certify under PENALTY OF PERJURY under the laws of the State ofCa1ifornia that the
foregoing paragraph is true and correct.
Witness my hand and
" Signature
(Seal)
~ ~ DIANA RAZOOQY ~
- . COMM. # li95103
U) '~-!) NOTARY?UellC.c.ALlFORNIA (J)
.' . SAH DIEGO COUMH -
MY COIIII.I. Ex/', APR. 13. 2a12 ""'"
9-22