Loading...
HomeMy WebLinkAbout1993/12/08 - Agenda Packet CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION T N AGENDA WEDNESDAY DECEMBER 8, 1993 7: 00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA I. Pledge of Allegiance II. SWEARING IN OF COMMISSIONERS III. Roll Call Commissioner Barker Commissioner Melcher Commissioner Lumpp Commiszioner Tolstoy Commissioner McNiel IV. Announcements V. Approval of Minutes November 10, 1993 VI. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. LANDMARK ALTERATION PERMIT 93-02 - ROBERT FLOCKER - A request to demolish the Norton- Fisher House, a designated local Landmark, located at 7165 Etiwanda Avenue, Rancho Cucamonga - APN: 227-131-23 . (Continued from November 10, 1993) (TO BE CONTINUED TO FEBRUARY 9, 1994) VII. New Business B. MILLS ACT CONTRACT 93-03 - ROBERT AND BARBARA YELLEN - Review of a request to enter into a Mills Act for the restoration of the Goerlitz House, located at 6156 Hellman Avenue - APN: 1062-381-08. C. MILLS ACT CONTRACT 93-04 - ROY AND MINA LA PERRY - Review of a request to enter into a Mills Act Contract for the restoration of the Albert House, located at 10323 19th Street - APN: 202-201-54. VIII. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. IB. Commission Business X. Adjournment VICINITY MAP ., .... ... ......... ..... • .�.... ...:. .'. r..: y :': • • • • • r "■ • ' • �J 1 :. ::. I;... wiw1 ♦ ( Fawhid Fr"mo ism r VOW@ Pok W,. S G s. A.T.a s.F. ■n # CITY MALL CITY OF RANCHO CUCAMONGA JtFc ACt o ti11 i > tI13 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 8, 1993 v TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND LANDMARK ALTERATION PERMIT 93-02 - ROBERT FLOCKER - A request to demolish the Norton-Fisher House, a designated local Landmark, located at 7165 Etiwanda Avenue, Rancho Cucamonga - APN: 227-131-23. (Continued from November 10, 1993. ) BACKGROUND: At the request of the applicant, staff recommends that this item be continued to the February 9, 1994, meeting. Resp ully mitted, /Braulle yPlanner BB:AMH/jfs _j ITEM A CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 8, 1993 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: REVIEW OF MILLS ACT CONTRACT 93-03 - ROBERT AND BARBARA YELLEN - Review of a request to enter into a Mills Act Contract for the restoration of the Goerlitz House, located at 6156 Hellman Avenue - APN: 1062-381-08. BACKGROUND Husband and wife Robert and Barbara Yellen and their family have resided in the historic Goerlitz House for the past five years. Prior to the Yellen's ownership, the City Council approved the designation of the house as a local landmark on September 16, 1987. The home stands as one of the most elegant homes constructed in the Alta Loma community. Shortly after its construction by W.C. James for the Charles Thorpe family in 1898, the house was sold to Ernest Goerlitz. Mr. Goerlitz had retired from his position as general manager of the Metropolitan Opera Company of New York, and in the early twentieth century at the urging of Captain Peter Demens came to sunny California for health reasons. The single-story house, whose architectural style borrows from both Italian Renaissance design and the Beaux Arts tradition, was the stage for many famous entertainers such as tenor ext.-aordinaire Caruso. Although altered slightly over the years, the house and in particular the grounds, retain much of their historic integrity. Upon meetings with Mr. and Mrs. Yellen and a careful review of the proposed improvements for the property, staff finds that approving their request for a Mills Act Contract meets the objectives of providing incentives for owners truly interested in the long-term preservation of cultural resources. Attached for review is the Mills Act Contract, including Exhibit HPC-1 and Exhibit "C" therein containing the list of improvements proposed by the Smiths. After review by the Commission, the Mills Act Contract will be forwarded to the City Council. This item has been tentatively scheduled for the January 19, 1994 agenda. RECOMMENDATION Staff recommends that the City Council approve, by minute action, the Yellen's request for a Mills Act Property Agreement. Res ull m' ed, all Br ul C ty Planner BB:AMH:mlg Attachments: Exhibit HPC-1 - Mills Act Contract (draft) _J ITEM B RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this *th day of *, 199*, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Robert and Barbara Yellen, (hereinafter referred to as the "Owner") . W I T N E S S E T H A. Recitals. (i) California Government Code Section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known -1- �a as the Goerlitz House and generally located at the street address 6156 Hellman Avenue. Rancho Cucamonga, CA 91701 (hereinafter such property shall be referred to as the "Historic Property") . A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On September 16, 1987, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 87-500 thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) 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 Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. Agreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on * 199*, and shall remain in effect for a term of ten ( 10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date") , a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement 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 -f2- 6 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. 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 to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B", and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C". C. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3� P 5. 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 breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel 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 shall 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 thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may 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 the 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 at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that 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 hereinunder. Z�� 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto 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 Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, 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 restrictions 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 Property 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 historic characteristics and significance of the Historic Property for the benefit of the public and Owner. B. 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 the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 607 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: Robert and Barbara Yellen 6156 Hellman Avenue Rancho Cucamonga, CA 91701 -5- 66 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. 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, reason of Owner's activities in connection with the Historic Property. 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 Property. C. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. 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 herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 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 be construed and governed in accordance with the laws of the State of California. 10. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WBSREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: Dennis L. Stout, Mayor Dated: By: Owner Dated: By: Owner -7- 6 F STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) known to me to be the Mayor of the City of Rancho Cucamonga, a municipal corporation, and , known to me to be the City Clerk of the City of Rancho Cucamonga, a municipal corporation, and said persons are known to me to be the persons who execute the within instrument on behalf of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared known to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State -8-/�9 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) ****** On *(date) , before me, *(name, title of officer - E.G. , "Jane Doe, Notary Public) , personally appeared *(name of signer) , personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in in his/her/their authorized capacity(ies) , and the by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted executed the instrument. On before me, the undersigned, a Notary Public in and for said State, personally appeared known to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that executed the same. WITHMS my hand and official seal. Notary Public in and for said State -9-6/0 LEGAL DESCRIPTION for The Goerlitz House 6156 Hellman Avenue Rancho Cucamonga, CA 91701 CUCAMONGA HOMESTEAD ASSN. LOT 1 BLK 11 EX W 974.61 FT and EX S 250.50 FT AND EX N 216 FT AND EX N 273 FT SD LOT LYING ELY OF WLY 1087.31 FT AND EX E 33 FT FOR ST MnFTBIT wA' l� l l THS SECRETARY OF INTERIOR'S REHABILITATION STANDARDS I. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its original intended purpose. II. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. III. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. IV. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. V. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. VI. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture. and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. VII. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. VIII. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. IX. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. X. Wherever possible new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. EXHIBrT "B" PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT 'B-1" POTMWIAL HOME IMPROVENE2 'S f or The Goerlitz House 6150 Hellman Avenue Rancho Cucamonga, CA 91701 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM TASK 1993 Shower doors replaced - faucets replaced in 2 bathrooms 1994 Build wall around pool motor/equipment (5 ft. ) 1995 Paint and repaper bathroom 1996 Sand and refinish walls in great room (24 x 26 ft. ) 1997 Carpet bedrooms (3) 1998 Carpet den and dining room 1999 Landscape along 200 ft. driveway 2000 Replace back door entrance/stairs 2001 Landscape back yard 2002 Trim 11 royal palm trees >OMIBIT 'C' CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 8, 1993 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: Review of Mills Act Contract 93-04 - Roy and Mina LaPerry - Review of a request to enter into a Mills Act Contract for the restoration of the Albert House, located at 10323 19th street - APN: 202-201- 54. BACKGROUND AND ANALYSIS: Husband and wife, Roy and Mina LaPerry, and their family have recently purchased the historic Henry Albert House and have begun to both live and utilize the building's first floor as a boutique. Standing as one of the best examples of an early twentieth-century interpretation of the popular Queen Anne architectural style, the home of the prominent Albert Family was approved for designation as a local landmark by the City Council February 18, 1987. Henry Albert purchased this property in 1895 and within a few years had constructed a small house and planted figs, olives, peaches, prunes, and citrus. By 1906 this three-storied landmark was constructed and the Alberts devoted their acreage entirely to citrus fruits. Two of the Alberts' daughters lived in the home until their deaths in the 1950s and 1960s. Upon meeting with Mr. and Mrs. LaPerry, site visits, and a careful review of the proposed improvements for the property, staff finds that approving their request for a Mills Act contract meets the objectives of providing incentives for owners truly interested in the long-term preservation of cultural resources. Attached for your review is a copy of the contract, including Exhibit HPC-1 and Exhibit "C" therein containing the list of improvements proposed by the Smiths. After review by the Commission, the contract will be forwarded to the City Council and is tentatively scheduled on the January 19, 1994 agenda. RECOMMENDATION: Staff recommends that the Council approve, by minute action, the LaPerry's request for a Mills Act property agreement. Ref 1 b� d, Br lle Ci Planner BB:AH:sp Attachments: Exhibit "A" - Exhibit HPC-1 - Mills Act Contract (draft) ITEM C RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREE[UNT THIS AGREEMENT is made and entered into this *th day of *, 199*, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Roy and Mina LaPerry, (hereinafter referred to as the "Owner") . W I T N E S S E T H A. Recitals. (i) California Government Code Section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known -1 !9 as the Albert House and generally located at the street address 10323 19th Street, Rancho Cucamonga, CA 91701, (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On February 18, 1987, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 87-77 thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) 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 Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. Agreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on * 199*, and shall remain in effect for a term of ten ( 10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date") , a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement 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 _2_/� 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. 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 to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B", and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C". C. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. 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 breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel 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 shall 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 thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may 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 the 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 at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that 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 hereinunder. -4-/� �� 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto 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 Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, 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 restrictions 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 Property 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 historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. 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 the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: Roy and Mina LaPerry 10323 19th Street Rancho Cucamonga, CA 91701 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. 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, reason of Owner's activities in connection with the Historic Property. 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 Property. C. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. 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 herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 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 be construed and governed in accordance with the laws of the State of California. 10. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: Dennis L. Stout, Mayor Dated: By: Owner Dated: By: Owner -7- � Y STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) known to me to be the Mayor of the City of Rancho Cucamonga, a municipal corporation, and , known to me to be the City Clerk of the City of Rancho Cucamonga, a municipal corporation, and said persons are known to me to be the persons who execute the within instrument on behalf of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared , known to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State -8- 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) ****** On *(date) , before me, *(name, title of officer - E.G. , "Jane Doe, Notary Public) , personally appeared *(name of signer) , personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in in his/her/their authorized capacity(ies) , and the by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted executed the instrument. On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State -9- 210 LEGAL DESCRIPTION for The Albert House 10323 19th Street Rancho Cucamonga, CA 91701 Parcel Map 1519, Parcel No. 1 Book 13, page 75 EXHIBIT 'A" 211! THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS I. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its original intended purpose. II. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. III. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. IV. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. V. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. VI. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. VII. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. VIII. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. IX. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. X. Wherever possible new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. EXHIBIT 'B' PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. WMIBIT "B-1" C13 POTENTIAL HOME IMPROVMGWM for The Albert House 10323 19th Street Rancho Cucamonga, CA 91701 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM TASK 1993 Landscaping in rear and side yards 1994 Insulation/rear fencing 1995 Paint exterior 1996 Construct garage and drive at rear of property 1997 Landscaping and sidewalk at rear (Hamilton St. ) 1998 Replace deteriorated porch elements 1999 Block wall east yard 2000 Repaint exterior 2001 Restore kitchen floor 2002 Upgrade roof EXHIBIT 'C' C1