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HomeMy WebLinkAbout2011/07/19 Item 08 Attachment A Appendix_CC_Mills_Act_Agreeement_Sample SAMPLE AGREEMENT Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Space for Recorder?s Use Only APN(s) MILLS ACT AGREEMENT For property located at THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation (?City?) and (?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, , and generally located at the street address. WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1.Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. Page 2 of 6 SAMPLE AGREEMENT Mills Act Contract 2.Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a.Owner shall preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b.Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i.Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 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 structure from the public right-of-way. e.Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City?s historic resources and the City Council prior to the issuance of such permit. f.Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3.Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4.Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City?s or State?s standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner Page 3 of 6 SAMPLE AGREEMENT Mills Act Contract specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50286. 5.Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms 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. 7.Effective Date and Term of Agreement. This Agreement shall be effective and commence on (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year upon the Page 4 of 6 SAMPLE AGREEMENT Mills Act Contract anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8.Renewal. Each year on the anniversary of the effective date of this Agreement (the ?renewal date?), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 9.Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Page 5 of 6 SAMPLE AGREEMENT Mills Act Contract 10. General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b.Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances c.Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner?s activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. d.All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. e.In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f.This Agreement shall not take effect unless and until Owner?s signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner?s behalf. g.This Agreement shall be construed and governed in accordance with the laws of the State of California. 11.Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12.Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto Page 6 of 6 SAMPLE AGREEMENT Mills Act Contract 13. Attorney Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys? fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 14. Bargaining Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or Owner(s), but rather as if both City and Owner(s) had prepared the same. 15. Counterparts. This agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. Page 7 of 6 SAMPLE AGREEMENT Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR CITY OF CHULA VISTA OWNER(S) OF RECORD Date:____________Date:____________ Approved: _______________________________By:___________________________ Cheryl Cox, Mayor (Notarized Signature) Date:____________Date:_____________ Attest: _______________________________By:___________________________ Susan Bigelow, City Clerk (Notarized Signature) Date: ___________ Approved as to form: _______________________________ Ann Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. SAMPLE AGREEMENT ATTACHMENT ?A? SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. SAMPLE AGREEMENT 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. YEARIMPROVEMENT Please list the improvements and restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITYIMPROVEMENT/RESTORATIONS OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: Signature: