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HomeMy WebLinkAbout10-155 - Resolutions RESOLUTION NO. 10-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING MILLS ACT AGREEMENT NO. (ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR THE HISTORIC LANDMARK PROPERTY, LOCATED AT 8068 ARCHIBALD AVENUE -AP N: 0208-153-01. WHEREAS, both the owner and City desire to protect and preserve such property so as to retain its characteristic of historical significance. A. Recitals. 1. The owner, Daniel Oh, of the subject property has requested implementation of a Mills Act (Article 12, Section 50280 of the California Government Code). 2 Designation of the subject property as a Historic Landmark is a requirement prior to proceeding with the initiation of the Mills Act. 3. The Historic Preservation Commission of the City of Rancho Cucamonga designated the subject property as a Historic Landmark on May 16, 1991 B. Resolution NOW, THEREFORE, the City Council of Rancho Cucamonga does hereby resolve as follows 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part 'A," of this Resolution are true and correct. 2. The parties in consideration of the mutual covenants and conditions set forth in the attached Mills Act Contract marked Exhibits A, B-1, B-2, and C are agreed upon. 3. The City Council approves the Mills Act Agreement attached hereto as Exhibit A. 4. The City of Rancho Cucamonga has accepted to enter into an agreement(contract)with the property owner, thus initiating the Mills Act. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 20th day of October 2010. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None i L�Derhnis Michael, May Pro lem ATTEST: 11 -' y Janice C. Reynolds, City Clerk �� I, JANICE C. REYNOLDS, 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 20th day of October 2010. Executed this 21 st day of October 2010, at Rancho Cucamonga, California. Janic\C. Reynolds, City Clerk Resolution No. 10-155 - Page 2 of 14 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 20th day of October. 2010, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") .and Daniel oh (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 Nosenzo-Smiderle House and generally located at the street address 8068 EXHIBIT A Resolution No. 10-155 - Page 3 of 14 Archibald Avenue Rancho Cucamonga, CA 91730 (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 the 20th day of October . 2010, 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 20th day of October, 2010, 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 Resolution No. 10-155 - Page 4 of 14 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 . Resolution No. 10-155 - Page 5 of 14 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 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. Resolution No. 10-155 - Page 6 of 14 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 : Planning Director To Owner: Daniel on 8068 Archibald Avenue Rancho Cucamonga, CA 91730 Resolution No. 10-155 - Page 7 of 14 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. Resolution No. 10-155 - Page 8 of 14 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: Donald J . Kurth, Mayor Dated: l0 By: /ani'el Owner Resolution No. 10-155 - Page 9 of 14 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On Kathy Scott, Assistant City Clerk of the City of Rancho Cucamonga, personally appeared DONALD J . KURTH, 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 Assistant city Clerk City of Rancho Cucamonga STATE OF CALIFORNIA ) ss . COUNTY OF SAN BERNARDINO ) on the 5s day of (�� � 2010 , before me L1�h_ti Lynn /19C'Va Notary Public, personally appeared AA11 d/- persena�15, kPOWR *„ we ar proved to on the basis of satisfactory evidence to be the persory(s whose name,� �y/are subscribed to within instrument and acknowledged to me that �e�/sh",hy executed the same in Y4&r7t r authorized capacityLi-e`s, and the by signaturefsj on the instrument the person cs-�, or the entity upon behalf of which the person acted executed the instrument. t- WITNESS my hand and official seal . d � � DEBRk LYNN MCNAY �11/ �� �� �° '� No;ary Public California A Z san Bernaremo County ° Notarly Public in and for said State �_ My Comm Expues Feb. 7,20i3 P l Resolution No. 10-155 - Page 10 of 14 LEGAL DESCRIPTION for Daniel Oh 8068 Archibald Avenue Rancho Cucamonga, CA 91730 LUCAS AND WARD SUB LOT 21 EX STS Exhibit "A" Resolution No. 10-155 - Page 11 of 14 THE SECRETARY OF INTERIOR' S REHABILITATION STANDARDS 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. S. 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" Resolution No. 10-155 - Page 12 of 14 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" Resolution No. 10-155 - Page 13 of.14 POTENTIAL HOME IMPROVEMENTS for Daniel oh 8068 Archibald Avenue Rancho Cucamonga, CA 91730 The following is a list of renovation projects the applicant plans to complete. Future pro3ects 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. 2011 Paint outside 2. 2012 Plumbing 3. 2014 Paint inside 4. 2016 Roofing 5. 2016 Pest control EXHIBIT "C Resolution No.,10-155 - Page 14 of 14