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HomeMy WebLinkAbout90-140 - Resolutions RESOLUTION NO' 90-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT (ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR THE PROPERTY LOCATED AT 7050 ETIWANDA AVENUE WHEREAS, both the owner and City desire to protect and preserve such property so as to retain its characteristics of historical significance. A. Recitals (i) The owner of the subject property has requested implementation of the Mills Act (Article 12, Section 50280 of the California Government Code). (ii) Designation of the subject property as an Historic Landmark is a requirement prior to proceeding with the initiation of the Mills Act. (iii) The City Council of the City of Rancho Cucamonga designated the subject property as an Historic Landmark, April 4, 1990. B. Resolution NOW THEREFORE, the City Council of the City 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 convenants and condi- tions set forth herein the attached marked Exhibit "A" 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 agree- ment (contract) with the property owner, thus initiating the Mills ACt. PASSED, APPROVED, and ADOPTED this 4th day of April, 1990. AYES: Alexander, Brown, Buquet, Stout, Wright NO ES: No ne ABSENT: None Q~ Dennis L. Stout, Mayor Resolution No. 90-140 Page 2 ATTEST: Debra J. A~ms, City Cler~ 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 4th day of April, 1990. Executed this 5th day of April, 1990 at Rancho Cucamonga, California. ebra J. ~ms, City Clerk Resolution No. 90-140 Page 3 EXHIBIT "A" HISTORIC PROPERTY PRESERVATION AGREEINENT THIS AGREEMENT is made and entered into this 4th day of April, 1990, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation !hereinafter referred to as the "City") and Rod Wriqht and Steven Brink (hereinafter referred to as the "owner"). WITNESSETH : A. Recitals. !il 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 to retain its characteristics as property of historical significance; (ii} Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Ste.qmeier House and generally located at the street address 7050 Etiwanda Avenue~ Rancho Cucamonqa~ CA 91730, Rancho Cucamonga, California, (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 April 4, 1990, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 90-Z40 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 a. i Term of Aqreement. This Agreement shall be effective and commence on April 4m 1990, and shall remain in effect for a term of ten (10) years thereafter. :Lach 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 s~all automatically be added to the initial term of this Agreement unless notic: of -1- Resolution No. 90-140 Page 4 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 to Owner at least sixty (60) days prior to the annual renewal date, one (11 year shall automatically be added to the term 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 there 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 Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 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 City, as may be necessary to determine owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Compliance. 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. -2- Resolution No. 90-140 Page 5 6. Enforcement of A.qreement. In lieu of and/or in addition to any provisions to cancel the Agreement ~ 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 not-ice 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 ~ovided that acts to cure the breach or default may be commenced within thirt. '30! days and must thereafter be diligently pursued to completion by Owner' ~hen City may, without further notice, declare a default under the terms ~ this Agreement and may bring any action necessary to specifically enforc- the obligations of Owner growing out of the terms of this Agreement, apply ].~ any court, state or federal for injunctive relief against any violat~]~ 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 even tat 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. Bindinq Effect of A.qreement. 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. -3- Resolution No. 90-140 Page 6 To City: City of Rancho Cucamonga 9320 Base Line Road, Suite C P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: Rod Wright Steven Brink 7050 Etiwanda Avenue Etiwanda, CA 91739 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 relate 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 cause 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. -4- Resolution No. 90-140 Page 7 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 I20) 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 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 Owner Dated: By: STATE OF CALIFORNIA ) sso COUNTY OF SAN BERNARDINO On this day of , 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared , 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 Brea .md 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 -5- Resolution No. 90-140 Page 8 LEGAL DISCRIPTION ETIWANDA COLONY LANDS N 105 FT, $ 426.55 FT, E 200 FT, LOT 8 BLK J >48 AC M/L EXHIBIT 'A' Resolution No. 90-140 Page 9 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS ~. 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 a property for its original 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. Theme changes may have acquired significance shall be recognized and rempected. 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or mite 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 from other buildings or structures. 7. 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. 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 alterations and additions to existing properties shall not 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, newadditions or alterations to ItrUCtUrel 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" r Resolution No. 90-140 Page 10 CITY OF RANCHO CUCAMONGA Property Maintenance. Ail 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 struc- tures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equip- ment, 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, con- dition, or its inappropriate location. HISTORIC PROPERTY PRESERVATION AGREEMEN PROPERTY MAINTENANCE EXHIBIT "S"(1) T Resolution No. 90-140 Page 11 POTENTIAL HOME IMPROVEMENTS "Mills Act" Agreement Attached is a list of renovation projects the applicant plans to complete over the 10 year term of the contract. Item Year Task 1. 2 Remove carpeting, sand floors downstairs 2. 2 Paint exterior of the house and barn 3. 3 Replace roof of house 4. 3 Renovate the bathroom downstairs 5. 4 Construct new septic tank 6. 5 Strip paint from interior woodwork and remove the wood stove in the dining room 7. 6 Install a new furnance/air conditioner 8. 7 Renovate driveways 9. 8 Landscape grounds !0. 9 Remodel Kitchen 11. 10 Renovate and enlarge the bathroom upstairs 12. 10 Renovate the barn interior The applicant has indicated these are the major projects, planned for the house and property, necessary to make a good restoration. EXHIBIT "C'