Loading...
HomeMy WebLinkAbout07-124 - Resolutions RESOLUTION NO. 07-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING MILLS ACT CONTRACT DRC2007-00173 FOR THE HISTORIC PROPERTY LOCATED AT 7201 AMETHYST AVENUE -APN: 0202-161-04 A. RECITALS. (i) The Mills Act, beginning at Section 50280 of the Government Code, authorizes the City of Rancho Cucamonga to enter into a contract with the owner or the agent of an owner of any qualified historical property to restrict the use of the property in a manner which the City Council deems reasonable to carry out the purposes of the Mills Act. (ii) Section 50280.1 of the Government Code provides that a qualified historical property includes any privately owned property which is not exempt from property taxation and is listed in the City's official register of historical or architecturally significant sites, places, or landmarks. (iii) The property located at 7201 Amethyst Avenue, in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified by San Bernardino County Assessor's Parcel Number(s) 0202-161-04 and more particularly and legally described in Attachment A and incorporated herein by reference (the"Property") has been designated as a historic landmark by City Council Resolution No. On June 6, 2007, is listed on the City's current register of approved historic landmarks and is not exempt from property taxation. The Property therefore meets all the criteria necessary to be deemed a qualified historical property under the Mills Act. (iv) The owner of the Property is Robert Bathish (the "Owner"). (v) The Owner of the Property has applied to the City for a Mills Act contract. (vi) Both the Owner and the City desire to enter into a Mills Act contract to protect and preserve, and when necessary, restore and rehabilitate the Property so that it retains its historical and cultural significance. (vii) The proposed Mills Act contract meets the requirements outlined in Sections 50281 and 50282 of the Government Code. B. RESOLUTION. NOW, THEREFORE, the City Council of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. This Council hereby specifically finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby approves the Mills Act Contract attached hereto as Attachment B and incorporated herein by this reference. Resolution No. 07-124 Page 2 of 16 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 6th day of June 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None Diane Williams, Mayor Pro Tem ATTEST: Debra J. Ad MC, City Clerk I, DEBRA J.ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6`h day of June 2007. Executed this 7`h day of June 2007, at Rancho Cucamonga, California. d-'� Debra J. Adatu , CMC, City Clerk Resolution No. 07-124 Page 3 of 16 ATTACHMENT A Legal Description of Property Subject to Mills Act Contract CLIC HD ASSN BEG AT PT WH1 CH 1S TH SW COR OF ALTA LOMA TOWNS1TE TH S 100 FT TH E 140 FT TH S 50 FT TH E 185.93 FT TH N 150 FT TH W TO PT BEG PORT1 ON OF LOT 6 BILK 8 Resolution No. 07-124 Page 4 of 16 ATTACHMENT B Proposed Mills Act Contract Resolution No. 07-124 Page 5 of 16 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 6th day of June, 2007, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Robert Bathish (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 as the Roberds House and generally located at the street address 7201 Amethyst -1- Resolution No. 07-124 Page 6 of 16 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 )une 6, 2007, the City Council of the City of Rancho Cucamonga adopted its Resolution No.*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 lune 6. 2007, and shall remain in effect for a term of ten 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 90 days prior to the annual renewal date, or served by City to owner at least 60 days prior to the annual renewal date, one year shall automatically be added to the term of the Agreement as provided herein. owner may make a written protest -2- Resolution No. 07-124 Page 7 of 16 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 -3- Resolution No. 07-124 Page 8 of 16 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 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 30 days (provided that acts to cure the breach or default may be commenced within 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. 7. Binding Effect of agreement. The owner hereby subjects the Historic Property described in Exhibit "a" hereto to the covenants, reservations, -4- Resolution No. 07-124 Page 9 of 16 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.D. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To owner: Robert Bathish 10435 Lavender court Rancho Cucamonga, CA 91737 -5- Resolution No. 07-124 Page 10 of 16 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. -6- Resolution No. 07-124 Page 11 of 16 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 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. The Owner shall be responsible for any fees required by the County for recording this Agreement. 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: William J . Alexander, Mayor Dated: By: owner Dated: By: Owner -7- Resolution No. 07-124 Page 12 of 16 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On Kathy Scott, Deputy city clerk of the City of Rancho Cucamonga, personally appeared WILLIAM J . ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal . Kathy Scott Deputy City clerk City of_ Rancho Cucamonga STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On the day of 20_, before me Notary Public, personally appeared 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 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. WITNESS my hand and official seal . Notary Public in and for said state -8- Resolution No. 07-124 Page 13 of 16 LEGAL DESCRIPTION for 7201 Amethyst Avenue Rancho Cucamonga, CA 91701 CUC HD ASSN BEG AT PT WH1CH 1S TH SW COR OF ALTA LOMA TOWNSITE TH S 100 FF TH E 140 FT TH S 50 FT TH E 185.93 FT TH N 150 FT TH W TO PT BEG PORTION OF LOT 6 BLK 8 Exhibit "A" -9- Resolution No. 07-124 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS Page 14 of 16 1. 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 originally intended purpose. 2. 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. 3. 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. 4. '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. 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. 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. 7. The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.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. 9. 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. 10. 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-1" -10- Resolution No. 07-124 Page 15 of 16 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-2" -11- Resolution No. 07-124 POTENTIAL HOME IMPROVEMENTS Page 16 of 16 for (Applicant' s Name and Address) 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 YEAR TASK 1. 2007 Restore and seal windows and doors (16 windows, 7 doors) 2. 2007 Restore fireplaces (2 existing) 3. 2008 Improve foundation 4. 2008 Restore existing wood floors 5. 2008 Paint and caulk exterior 6. 2008 Replace exterior front porch wood and beams (12) 7. 2009 Repair and restore existing concrete columns (4 at front porch) S. 2009 Restore existing interior door knobs, latches, hinges 9 ongoing Maintenance EXHIBIT "C" -12-