SR-406-002 (10)
PCD:SF:AS:JL:SR:RT:F:\CityPlanning\Share\COUNCIL\Mills Act\2004\MA_2004_CityCouncil_Report.doc
Council Mtg: December 14, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Mills Act Historical Property Agreements between the City of Santa Monica
and the Property Owners of the Following Designated City Landmarks:
140 Hollister Avenue #1 Applicant: Margaret MacLean
140 Hollister Avenue #2 Applicant: Wende Watt
140 Hollister Avenue #3 Applicant: William Creber
140 Hollister Avenue #4 Applicant: Barbara Whitney
2034 La Mesa Drive Applicant: Ken & Carrie Richman
147 Georgina Avenue Applicant: Jennifer Nicholson
2511 Beverly Avenue Applicant: John Steinbrun & Lisa Hughes
2402 4th Street #4 Applicant: Tammy Cameron
2621 2nd Street Applicant: Anne Troutman
822 3rd Street Applicant: Susan Asai
406 Adelaide Drive Applicant: Eileen Harris Norton
INTRODUCTION
This report recommends that the City Council adopt resolutions authorizing the City
Manager to negotiate and execute Mills Act Historic Property Preservation Agreements
between the City of Santa Monica and the property owners of eleven designated Landmark
properties – one apartment building, four condominium units at Horatio West Court, one
condominium at Hollister Court, and five single-family residences.
BACKGROUND
The Mills Act is a state law that enables local governments to enter into contracts with
owners of qualified historic properties to authorize a property tax reduction. The Mills Act
is one of the few financial incentives available to owners of historic properties and is an
important tool in the City’s efforts to encourage the designation and long-term preservation
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of the City’s historic resources.
In 1991, as part of a comprehensive revision to the City’s Landmarks Ordinance, the City
Council authorized designated structures of merit, landmarks, and contributing structures
located in designated historic districts to be considered qualified historical properties
eligible for historical property contracts submitted pursuant to the provisions of California
Government Code Sections 50280-50290. As a result, property owners of such
designated historic properties may file a Mills Act Contract Application. Once approved, a
Mills Act contract requires the County Tax Assessor’s office to determine the value of the
historic property based upon its current net operating income, rather than upon the
traditional assessed valuation method, resulting in most cases in a property tax reduction.
For structures that are owner-occupied, the net operating income is determined by the
income the property would produce if rented. In exchange for the property tax reduction,
the owner agrees to protect, maintain and, if necessary, restore the historic property. To
date, there have been 18 Mills Act Contracts approved in the City of Santa Monica.
Under the traditional method of determining property taxes, properties are reassessed
when sold. However, since Mills Act contracts run with the property, subsequent owners
may realize greater tax benefits, as the assessed property value typically increases when
property is sold, resulting in an even greater difference between the property taxes under
the assessed valuation method versus the property tax calculation permitted by the Mills
Act contract. This can be a significant marketing feature for the property in terms of future
sales and is considered an important historic preservation incentive because the property
will be maintained.
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The initial Mills Act Contract term is a ten-year period. The agreement is renewed
automatically each year on the contract’s anniversary, and an additional year is added to
the contract term. This effectively makes the actual term of the contract at least ten years
but possibly indefinite unless the owner or City submits a notice of non-renewal. If such a
notice on non-renewal were submitted, the contract would terminate at the end of the then
current ten-year term. Alternatively, the owner may petition the City to initiate an
immediate cancellation, which would result in a penalty equal to 12% of the property’s
assessed market value. The City may also cancel the contract in the case of breach of the
contract conditions. The rights and obligations to the contract are also binding upon
successive property owners during the contract term.
ANALYSIS
140 Hollister Avenue
– The property at 140 Hollister Avenue Horatio West Court, is an
Irving Gill designed courtyard apartment complex. The International style building was
designated as a City Landmark on January 2, 1979. The property was subdivided under
TORCA regulations into four condominium units and is collectively maintained by a
Homeowners Association. A report for the whole property was prepared by property owner
Dr. Margaret MacLean assessing the condition of the each of the units, as well as the
common areas at Horatio West Court. The report also addressed the restoration and
maintenance needs of the shared common areas and each individual residence along with
a schedule for completion of necessary repairs. The restoration and maintenance activities
proposed for the common areas include the following: complete exterior painting and
plastering every seven years; seasonal landscaping projects; and ongoing, routine
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maintenance projects. Common area maintenance and restoration projects are planned
during the term of the Mills Act Contract, and can also be considered in part as individual
maintenance and restoration activities for each of the four units. These activities include:
routine electrical system maintenance; garden door replacements; and garage door
replacements. Each of the four Horatio West Court condominium units are discussed
individually below:
140 Hollister Avenue Unit #1
– In 1994 the current property owner restored this unit to its
original floor plan. Restoration work included modifications to previously altered interior
and exterior walls, floor refinishing, replacement of several upstairs windows, and many
interior refurbishments. The roof was replaced in the 1991 or 1992 and has been
maintained since replacement. Extensive ceiling repair was done in 2000 due to termite
infestation. Because there have been numerous restoration activities undertaken over the
past ten years, the subject unit remains in good condition. The ten year
restoration/maintenance plan includes recommendations for the following activities:
annual termite inspection and treatment as necessary; interior plaster repair; window repair
in the master bedroom; repair to the ceiling of the detached garage; and interior painting.
140 Hollister Avenue Unit #2
– The interior of Unit 2 has been renovated and remodeled
in the past several years. Work included modifications to interior walls, kitchen and bath
remodeling, replacement of upstairs windows, and addition of a two-level deck. The ten-
year restoration/maintenance plan includes recommendations for the following activities:
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annual subterranean termite treatment; window weatherproofing and repair; interior plaster
repair; and roof maintenance within the first five years of the contract term. The ten-year
restoration/maintenance plan will be an attachment to the Mills Act Contract.
140 Hollister Avenue Unit #3
– Portions of the interior of Unit 3 have been remodeled and
restored in recent years. The downstairs tile floor was replaced and the hardwood floors
were added to the upstairs. Cabinet work was added to the living room and existing
damage to the fireplace was repaired. Finally, French patio doors on the first floor were
duplicated and replaced due to dry rot in 1998. The kitchen and two bathrooms were
restored during the original 1970s restoration project and have not been substantially
remodeled since. The ten year restoration/maintenance plan includes recommendations
for the following work: roof maintenance during the first year of the contract; ceiling plaster
repair; window repairs for several rooms in the home; plumbing system maintenance;
annual termite assessment and treatment; and roof replacement in 2008.
140 Hollister Avenue Unit #4
– Little remodeling or renovation has occurred in Unit 4
since the original 1970s restoration project. Patio doors and several of the upstairs
casement windows have been replaced over the years because of termite and moisture
damage. Bookcases and a new closet have been added and some minor renovation to the
kitchen has occurred since the current property owner has resided in the unit. The roof
has undergone major repairs twice in the past eighteen years. The assessment report
strongly recommends major re-plastering and repair to the concrete walls because
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cracking and other evidence of water leaks are still apparent after previous re-plastering
and repair work. The ten-year restoration/maintenance plan includes recommendations for
the following activities: interior and exterior plaster repair; assorted window repairs; roof
replacement; and plumbing and electrical system upgrades.
2034 La Mesa Drive
– This Monterey Revival style single-family residence was designed
by John Byers in 1924 and designated a City Landmark on July 14, 2003. A report was
prepared by the architectural firm of Fonda-Bonardi & Hohman assessing the condition of
the property and its restoration and maintenance needs, along with a schedule for
completion of necessary repairs. Because this home is in excellent condition and has
been very well maintained, no restoration work is proposed at this time. The ten-year
restoration/maintenance plan includes recommendations for the following activities over
the life of the contract: annual inspection, cleaning and repair of gutter and downspouts;
exterior repainting; termite inspection and repair; chimney inspections every ten years; and
maintenance and replacement of windows as needed. General landscape maintenance to
protect the house from excess moisture is also recommended on an on-going basis.
147 Georgina Avenue
– This French Classical style single-family residence was designed
by Robert Farquhar in 1911 and designated on October 13, 2003 as a City Landmark. On
March 8, 2004, the Landmarks Commission approved a Certificate of Appropriateness for
a proposed addition to the home. The new construction plans are currently being reviewed
through the City’s plan check process and additional interior restoration, plumbing and
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electrical system upgrades are already in progress. BAM Construction & Design prepared
the architect’s report assessing the condition of the property and its restoration and
maintenance needs. This residence is structurally sound but needs restoration, renovation
and maintenance due to several decades of deferred maintenance by the previous
property owner. The ten-year restoration/maintenance plan includes recommendations for
several immediate restoration activities during the first two years of the contract. Because
the exterior finish is peeling and cracked in numerous areas, the exterior should be
repainted within the next year. There are areas of the exterior woodwork that have
deteriorated and fallen off; these areas must be fully restored or re-crafted by an
experienced master carpenter/mill worker. The roof is currently composed of asphalt
shingle over plywood sheathing and is in poor condition. The roofing is recommended for
replacement within the first year of the contract term. Gutter, downspout and scupper
system repair should also be coordinated at this time. All exterior and interior doors are
recommended for repair and refinishing within the first year of the contract.
2511 Beverly Avenue
– This 1911 Craftsman-style single-family residence was
designated on January 10, 2004 as a City Landmark. The current property owners
purchased the home in June 2004. As part of the Mills Act application, a report was
prepared by the architectural firm of Fonda-Bonardi & Hohman assessing the condition of
the property and its restoration and maintenance needs, along with a schedule for
completion of necessary repairs. The residence and the two small apartment structures
located in the rear of the lot suffer from many years of deferred maintenance and from
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several inappropriate additions and repairs in past years. The most immediate attention
must be paid to stabilizing the foundation of the primary residence and implementing a
termite control program. A new concrete foundation, and termite fumigation and repair
work are recommended within the first year of the Mills Act Contract term. A building permit
has been issued and extensive foundation repair is already in progress at the residence
due to immediate safety considerations. Installation of new plumbing and electrical
systems and repair of roof leaks over the front portion of the residence are also
recommended during the first year of the contract. Replacement of basement and second
story windows and refinishing and repair of the doors will be necessary during the
remaining years of the contract. These work items are contained in the ten-year
restoration/maintenance plan for the single-family residence. Interior restoration and
remodeling of the single-family residence, and renovation of the two apartment units is
also proposed in addition to the work items associated with the Mills Act Contract.
However, because the two apartments on the site were not determined to be historically
significant when Landmark designation of the primary residence was considered earlier
this year, any renovation of these units would be done outside the terms of the Mills Act
Contract.
2402 4th Street #4
– Hollister Court was constructed in 1910 and designated as a City
landmark on December 13, 1990. Seven other Mills Act Contracts have been approved
and are currently in effect for individually owned units within Hollister Court. Hollister
Court bungalow #4 is located near the center of the property, south of the courtyard
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complex’s central walkway. A report was prepared by Avila Architects assessing the
condition of the property and its restoration and maintenance needs, along with a schedule
for completion of necessary repairs. The general condition of the bungalow is good, and
many electrical and plumbing upgrades have already been implemented. The report
recommends additional strengthening of the brick foundation. This work is proposed in the
first year of the restoration/rehabilitation and maintenance plan, which will be incorporated
into the Mills Act Contract. Other work that will be required over the coming years includes:
refinishing and repainting exterior wood siding, window frames, eaves and eave supports;
repair and sealing of the masonry work at the front porch; and roof replacement in 2010.
2621 2nd Street
– The subject property is the First United Methodist Church of Santa
Monica. This building was constructed in 1875 and designated on January 4, 1977 as a
City Landmark. The building is also located within the Third Street Neighborhood Historic
District. Through careful adaptive reuse, the structure is now a single-family residence.
The current property owner purchased the building in December 2003. The residence is in
good condition considering its age and the fact that it has been moved from two different
locations in the City. Significant restoration and renovation projects have already been
implemented during the past ten months. However, additional work continues to be
required as a result of decades of deferred maintenance. On March 8, 2004, the
Landmarks Commission approved a Certificate of Appropriateness for work that includes
reconstructing of the front stairs, rail and landing; restoring rear windows; replacing some
doors and windows; and adding three skylights. Work associated with the Certificate of
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Appropriateness as well as interior restoration are in currently in progress. Property
owners and architects Anne Troutman and Aleks Instanbullu prepared a report assessing
the condition of the property, and its restoration and maintenance needs, along with a
schedule for completion of necessary repairs. The property owner has begun the work to
upgrade all plumbing and electrical systems, and is in the process of removing and
replacing all rotting and termite damaged wood. Proposed in the first year of the contract
term is the repair and restoration of all wood trim and woodwork; repair of all interior
plaster; repair and replacement of all windows; and repair and refinishing of all interior and
exterior doors. The report recommends repair and replacement of the roof within the
second year of the contract term. Repair, refinishing and repainting of all exterior siding,
and earthquake retrofitting and sub-floor reinforcement are recommended within the first
three years of the contract term. All exterior work would require Landmarks Commission
approval through processes required for the Third Street Neighborhood Historic District
[SMMC Chapter 9.40].
822 3rd Street
– The subject property, constructed in 1935 is a multi-family apartment
building designed in the Streamline Moderne style. This building, also known as the
Vanity Fair Apartments, was designated on November 17, 1992 as a City Landmark. The
current property owner purchased the building in August 2004. The building is in relatively
good condition and all seven apartments are occupied. However, some restoration work
will be required as a result of deferred maintenance. As part of the Mills Act application,
the architectural firm of Kaplan Chen Kaplan prepared a report assessing the condition of
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the property and its restoration and maintenance needs, along with a schedule for
completion of necessary repairs. The most immediate attention must be paid to repairing
cracked walkways and pavement within the subject property. The roof will require
immediate repair within the first year of the contract. Full roof replacement is scheduled
several years into the contract term. As indicated in the restoration/maintenance plan for
the property, earthquake retrofitting is recommended within the first year of the contract
term. Repair and repainting of the metal trim and railing on the exterior of the building will
be done during the second year of the contract. Other work that will be required over the
coming years includes repair or replacement of all drains and downspouts; restoration and
repair of all woodwork and trim; restoration and repair of exterior plaster as necessary;
repainting of the building exterior; and repair or replacement of the accessory garage
structure doors.
406 Adelaide Drive
– This Craftsman-style single-family residence was built by Mr. Robert
Gillis and designed by the architects Myron Hunt and Elmer Grey in 1905. The home was
landmark designated on March 8, 1993. A report was prepared by architectural firm
Winston Brock Chappell Inc. assessing the condition of the property and its restoration
and maintenance needs, along with a schedule for completion of necessary repairs. On
January 27, 2003, the Landmarks Commission approved a Certificate of Appropriateness
for the addition of a three-car garage and pool house. Construction was completed in
August 2004. Other work expected for completion this year includes repair and/or
replacement of copper gutters and downspouts, and repair of fences and gates on the
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property. Because this home is in excellent condition and has been very well maintained,
no restoration work is proposed at this time. The ten-year restoration/maintenance plan
includes recommendations for the following activities over the life of the contract: exterior
painting of doors, windows, and exposed millwork; plumbing and electrical systems
maintenance; periodic roof inspection and maintenance; maintenance of subsurface
drainage and repair as required; inspection and repair of window and door
weatherproofing; cleaning and inspection of chimney; inspect and repair HVAC duct work
every other year; and replace and repair exterior shingles as necessary.
DISCUSSION/ANALYSIS
The eleven attachments contain information for each property, including a proposed
resolution, a draft Mills Act Contract (Historic Property Preservation Agreement), a Mills
Act Contract application with financial analysis for the property and a proposed
restoration/rehabilitation plan.
The City requires Mills Act Contract applicants to provide a report prepared by a qualified
architect regarding the condition of the structure and the need to rehabilitate in order to
ensure the resource’s historic integrity and structural stability. The recommendations in
the report are reflected in the proposed 10-year restoration/maintenance plan. Financial
data is also requested in order to estimate the potential tax reduction and provide
guidance to the Landmarks Commission and Council in making a decision on this request.
The County Assessor will make a final determination of the taxes due when the approved
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contract is submitted and recorded. Property tax assessments are subject to re-
assessment each year by the County.
County Assessor data shows that property value assessments of the eighteen (18) Santa
Monica historic properties currently with Mills Acts Contracts have been reduced by
amounts equivalent to 6% to 74%, with the average reduction being 42%, when compared
to their “Proposition 13” values. From these assessments, correspondingly lower taxes
have been levied at these properties. Properties purchased recently at higher sales
prices generally realized a greater reduction in their assessments, as would be expected.
This is particularly illustrated by two Mills Act assessments of similar Hollister Court units,
where reduction from the standard property assessments differed by 39% even though the
Mills Act assessments only differed by $400.
LANDMARKS COMMISSION REVIEW
The Landmarks Commission reviewed each of the eleven Mills Act Contract requests at its
October 11, 2004 meeting and directed staff to forward recommendations to the Council in
support of all eleven applications.
BUDGET/FISCAL IMPACT
Execution of these Mills Act Contracts will result in reduced property tax revenues to the
City estimated at $21,398. However, the amount of revenue loss is not significant in terms
of total property tax revenues collected from properties in the City. A summary financial
analysis table is included as an attachment to the staff report (Attachment L).
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RECOMMENDATION
The Mills Act applications for all eleven of these properties have been properly submitted,
contain appropriate maintenance/restoration plans and will assist the property owners to
preserve these City Landmarks. It is recommended that the City Council adopt the eleven
attached resolutions and authorize the City Manager to execute Historical Property
Preservation Agreements under the Mills Act, between the City of Santa Monica and each
of the property owners of 140 Hollister Avenue #1, 140 Hollister Avenue #2, 140 Hollister
Avenue #3, 140 Hollister Avenue #4, 2034 La Mesa Drive, 147 Georgina Avenue, 2511
thndrd
Beverly Avenue, 2402 4 Street #4, 2621 2 Street, 822 3 Street, and 406 Adelaide
Drive.
Prepared by: Suzanne Frick, Director
Amanda Schachter, Planning Manager
Stephanie Reich, Urban Designer
Roxanne Tanemori, Associate Planner
City Planning Division
Planning and Community Development Department
Attachments: A. 140 Hollister Avenue #1: Supporting Documentation (including the
draft Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Architect’s Report,
Financial Analysis, and photographs are attachments which are not
(Reference Adopted Resolution No. 9998
available electronically.
(CCS) and Contract No. 8419 (CCS).
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B. 140 Hollister Avenue #2: Supporting Documentation (including the
draft Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Architect’s Report,
Financial Analysis, and photographs are attachments which are not
(Reference Adopted Resolution No. 9999
available electronically.
(CCS) and Contract No. 8420 (CCS).
C. 140 Hollister Avenue #3: Supporting Documentation (including the
draft Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Architect’s Report,
Financial Analysis, and photographs are attachments which are not
(Reference Adopted Resolution No. 10000
available electronically.
(CCS) and Contract No. 8421 (CCS).
D. 140 Hollister Avenue #4: Supporting Documentation (including the
draft Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Architect’s Report,
Financial Analysis, and photographs are attachments which are not
(Reference Adopted Resolution No. 10001
available electronically.
(CCS) and Contract No. 8422 (CCS).
E. 2034 La Mesa Drive: Supporting Documentation (including the draft
Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Financial Analysis,
and photographs are attachments which are not available
(Reference Adopted Resolution No. 10002 (CCS)
electronically.
and Contract No. 8423 (CCS).
F. 147 Georgina Avenue: Supporting Documentation (including the draft
Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Financial Analysis,
and photographs are attachments which are not available
(Reference Adopted Resolution No. 10003 (CCS)
electronically.
and Contract No. 8424 (CCS).
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G. 2511 Beverly Avenue: Supporting Documentation (including the draft
Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Financial Analysis,
and photographs are attachments which are not available
(Reference Adopted Resolution No. 10004 (CCS)
electronically.
and Contract No. 8425 (CCS).
th
H. 2402 4 Street #4: Supporting Documentation (including the draft
Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Financial Analysis,
and photographs are attachments which are not available
(Reference Adopted Resolution No. 10005 (CCS)
electronically.
and Contract No. 8426 (CCS).
nd
I. 2621 2 Street: Supporting Documentation (including the draft Mills
Act Resolution and draft Historic Property Preservation Agreement).
The Mills Act Contract Application, Financial Analysis, and
photographs are attachments which are not available electronically.
(Reference Adopted Resolution No. 10006 (CCS) and Contract
No. 8427 (CCS).
rd
J. 822 3 Street: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The
Mills Act Contract Application, Financial Analysis, and photographs
(Reference
are attachments which are not available electronically.
Adopted Resolution No. 10007 (CCS) and Contract No. 8428
(CCS).
K. 406 Adelaide Drive: Supporting Documentation (including the draft
Mills Act Resolution and draft Historic Property Preservation
Agreement). The Mills Act Contract Application, Financial Analysis,
and photographs are attachments which are not available
(Reference Adopted Resolution No. 10008 (CCS)
electronically.
and Contract No. 8429 (CCS).
L. Summary Table with financial information for the eleven properties.
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ATTACHMENT A
140 Hollister Avenue #1: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
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City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 140 HOLLISTER AVENUE #1 IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 140 Hollister Avenue #1, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
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WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 140
Hollister Avenue #1,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 140 Hollister Avenue #1 Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_140 HOLLISTER AVE #1.DOC
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Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Margaret G.H. MacLean (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 140 Hollister Avenue #1, Santa Monica,
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;
C. On January 2, 1979, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
D. On December 14, 2004, the City Council of the City of Santa Monica
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approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 140 Hollister Avenue #1; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
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b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
cancel this Agreement. All other remedies at law or in equity which are not otherwise
23
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
24
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Margaret G.H. MacLean
140 Hollister Avenue #1
Santa Monica, California 90405
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
25
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie Margaret G.H. MacLean
City Attorney
26
ATTEST:
______________________________
Maria Stewart, City Clerk
27
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #1
Number of Pages: 5, plus Exhibits A, B, and C
28
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #1
Number of Pages: 5, plus Exhibits A, B, and C
29
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #1
Number of Pages: 5, plus Exhibits A, B, and C
30
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_140 HOLLISTER AVE #1.DOC
31
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
th
A condominium composed of an undivided 1/4 interest in
parcel 1 of parcel map 11741.
Map recorded in Book 107, pages 66 and 67 of Maps in the
Office Of The County Recorder of Said County.
32
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
33
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 140 Hollister Avenue
#1 over the initial 10 year term of the contract.
ITEM YEAR
TASK
1 2005 Termite examination & treatment
2 Repair ceiling in garage
3 Replace patio door
4 2006 Termite examination & treatment
5 Fireplace flue cleaning
6 Plaster repair interior (baths, den)
7 2007 Replace garage door with replica
8 Termite examination & treatment
9 Window repair (master bedroom)
10 2008 Plumbing maintenance
11 Termite examination & treatment
12 Roof repair
13 2009 Termite examination & treatment
14 2010 Termite examination & treatment
15 Fireplace flue cleaning
16 2011 Termite examination & treatment
17 2012 Restore window drip caps
18 Termite examination & treatment
19 2013 Termite examination & treatment
20 2014 Termite examination & treatment,
Fireplace flue cleaning
Garden door replacement – to be done by Homeowners Association
as a common area project.
Garage door replacement – to be done by Homeowners Association
as a common area project.
34
Electrical system maintenance – ongoing work to be done by
Homeowners Association as a common maintenance project.
35
ATTACHMENT B
140 Hollister Avenue #2: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
36
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 140 HOLLISTER AVENUE #2 IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 140 Hollister Avenue #2, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
37
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 140
Hollister Avenue #2,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 140 Hollister Avenue #2 Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
38
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_140 HOLLISTER AVE #2.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Wende Watt (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 140 Hollister Avenue #2, Santa Monica,
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;
C. On January 2, 1979, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
39
E. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 140 Hollister Avenue #2; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
40
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
41
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default 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 Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
42
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Wende Watt
140 Hollister Avenue #2
Santa Monica, California 90405
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
43
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
44
Marsha Jones Moutrie Wende Watt
City Attorney
ATTEST:
______________________________
Maria Stewart, City Clerk
45
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #2
Number of Pages: 5, plus Exhibits A, B, and C
46
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #2
Number of Pages: 5, plus Exhibits A, B, and C
47
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
____________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #2
Number of Pages: 5, plus Exhibits A, B, and C
48
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_140 HOLLISTER AVE #2.DOC
49
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
th
A condominium composed of an undivided 1/4 interest in
parcel 1 of parcel map 11741, in the City Of Santa Monica
County of Los Angeles, State of California as per map
recorded in Book 107 pages 66 & 67 of Maps in the Office of
the County Recorder of said County.
50
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
51
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 140 Hollister Avenue
#2 over the initial 10 year term of the contract.
ITEM YEAR
TASK
1 2005 Interior plaster repairs (bath)
2 Assorted window frame repairs
3 Patio doors
4 2006 Termite examination/treatment
5 Fireplace flue cleaning
6 Plaster repair interior (baths, den)
7 2007 Replace garage door with replica
8 Termite examination/treatment
9 Window repair (master bedroom)
10 2008 Plumbing
11 Termite examination/treatment
12 2009 Roof repair
13 Termite examination/treatment
14 2010 Termite examination/treatment
15 Fireplace flue cleaning
16 2011 Termite examination/treatment
17 2012 Restore window drip caps
18 Termite examination/treatment
19 2013 Termite examination/treatment
20 2014 Termite examination/treatment
21 Fireplace flue cleaning
Garden door replacement – to be done by Homeowners Association
as a common area project.
Garage door replacement – to be done by Homeowners Association
52
as a common area project.
Electrical system maintenance – ongoing work to be done by
Homeowners Association as a common maintenance project.
53
ATTACHMENT C
140 Hollister Avenue #3: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
54
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 140 HOLLISTER AVENUE #3 IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 140 Hollister Avenue #3, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
55
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 140
Hollister Avenue #3,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 140 Hollister Avenue #3 Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
56
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_140 HOLLISTER AVE #3.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and William J. Creber (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 140 Hollister Avenue #3, Santa Monica,
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;
C. On January 2, 1979, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
57
F. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 140 Hollister Avenue #3; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
58
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
59
cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
60
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: William J. Creber
140 Hollister Avenue #3
Santa Monica, California 90405
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
61
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie William J. Creber
City Attorney
ATTEST:
62
______________________________
Maria Stewart, City Clerk
63
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #3
Number of Pages: 5, plus Exhibits A, B, and C
64
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #3
Number of Pages: 5, plus Exhibits A, B, and C
65
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #3
Number of Pages: 5, plus Exhibits A, B, and C
66
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_140 HOLLISTER AVE #3.DOC
67
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Parcel 1: Those portions of Parcel 1 of Parcel Map No. 11741,
as per map recorded in Book 107, Page 67 of Parcel Maps, in
the office of the County Recorder of said County, as shown
and defined as Unit No. 3 on the Condominium Plan recorded
April 12, 1979 as Instrument No. 79-395345, Official Records
of said County.
Parcel 2: An undivided 1/4 interest as tenants in common of
Parcel 1 of said Parcel Map No. 11741.
Except therefrom those portions shown and defined as Units 1
to 4 inclusive on said Condominium Plan.
68
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
69
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 140 Hollister Avenue
#3 over the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2005 Ceiling plaster repair
2 Roof coating
3 2006 Termite assessment/treatment
4 2007 Termite assessment/treatment
5 Fireplace flue cleaning
6 Window repair (master/living room/bath)
7 2008 Re-roof
8 Plumbing maintenance
9 Termite assessment/treatment
10 2009 Termite assessment/treatment
11 Plaster repair
12 2010 Termite assessment/treatment
13 2011 Roof coating
14 Termite assessment/treatment
15 2012 Door repair
16 Termite assessment/treatment
17 2013 Tile repair
18 Roof coating
19 Termite assessment/treatment
20 2014 Window repair/replace
21 Termite assessment/treatment
22 Fireplace flue cleaning
Garden door replacement – to be done by Homeowners Association
as a common area project.
Garage door replacement – to be done by Homeowners Association
70
as a common area project.
Electrical system maintenance – ongoing work to be done by
Homeowners Association as a common maintenance project.
71
ATTACHMENT D
140 Hollister Avenue #4: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
72
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 140 HOLLISTER AVENUE #4 IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 140 Hollister Avenue #3, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
73
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 140
Hollister Avenue #4,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 140 Hollister Avenue #4 Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________________
MARSHA JONES MOUTRIE
City Attorney
74
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_140 HOLLISTER AVE #4.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Barbara Whitney (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 140 Hollister Avenue #4, Santa Monica,
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;
C. On January 2, 1979, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
75
G. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 140 Hollister Avenue #4; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
76
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
77
cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
78
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Barbara Whitney
140 Hollister Avenue #4
Santa Monica, California 90405
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
79
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
80
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie Barbara Whitney
City Attorney
ATTEST:
______________________________
Maria Stewart, City Clerk
81
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #4
Number of Pages: 5, plus Exhibits A, B, and C
82
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #4
Number of Pages: 5, plus Exhibits A, B, and C
83
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 140 Hollister Avenue #4
Number of Pages: 5, plus Exhibits A, B, and C
84
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_140 HOLLISTER AVE #4.DOC
85
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
A Condominium composed of:
(A) An undivided 1/4 interest in Parcel 1 of Parcel Map No.
11741, in the City Of Santa Monica, County of Los Angeles,
State of California, as per map recorded in Book 107, Page 67
of Maps, in the office of the County Recorder of said County.
Except therefrom Units 1 to 4 inclusive as shown and defined
on the Condominium Plan recorded April 12, 1979 as
Instrument No. 79-395345, Official Records of said County.
(B) Unit No. 4 as shown and defined on the Condominium
Plan referred to above.
86
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
87
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 140 Hollister Avenue
#4 over the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2005 Interior plaster repair (baths, etc.)
2 Assorted window frame repairs
3 2006 Window repair
4 Fireplace flue cleaning
5 Interior plaster repair
6 2007 Window repair
7 Interior plaster repair
8 2008 Plumbing maintenance
9 Electrical fixes
10 2009 Roof repair
11 Interior plaster repair
12 2010 Plaster repair interior
13 Fireplace flue cleaning
14 Re-roof
15 2011 Interior plaster repair
16 2012 Garage repairs
17 Interior plaster repair
18 Restore window drip caps
19 2013 Interior plaster repair
20 2014 Interior plaster repair
21 Fireplace flue cleaning
Garden door replacement – to be done by Homeowners Association
as a common area project.
Garage door replacement – to be done by Homeowners Association
as a common area project.
88
Electrical system maintenance – ongoing work to be done by
Homeowners Association as a common maintenance project.
89
ATTACHMENT E
2034 La Mesa Drive: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
90
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 2034 LA MESA DRIVE IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 2034 La Mesa Drive is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
91
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 2034 La
Mesa Drive,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 2034 La Mesa Drive Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
92
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_2034 LA MESA DRIVE.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Ken & Carrie Richman (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 2034 La Mesa Drive, Santa Monica,
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;
C. On July 14, 2003, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
93
H. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 2034 La Mesa Drive; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
94
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
95
cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
96
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Ken & Carrie Richman
2034 La Mesa Drive
Santa Monica, California 90403
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
97
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie Ken Richman
City Attorney
By:_____________________________
Carrie Richman
ATTEST:
98
______________________________
Maria Stewart, City Clerk
99
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 2034 La Mesa Drive
Number of Pages: 5, plus Exhibits A, B, and C
100
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 2034 La Mesa Drive
Number of Pages: 5, plus Exhibits A, B, and C
101
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 2034 La Mesa Drive
Number of Pages: 5, plus Exhibits A, B, and C
102
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_CONTRACT_2034 LA MESA DRIVE.DOC
103
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Lot 44 of Tract No. 7233, in the City Of Santa Monica, County
of Los Angeles, State of California, as per map recorded in
book 77, page(s) 5 of maps, in the Office of the County
Recorder of said County.
104
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION Agreement
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
105
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 2034 La Mesa Drive
over the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2004-05 Inspect, clear and repair gutters & downspouts
2 2005 Replace irrigation system
3 2006 Replace gutters & downspouts
4 2007 Replace water heater
5 2009 New sewer main (remaining thirty feet)
6 2011 Repaint exterior
7 2012 Replace window screens (some are an alarm type)
8 Replace water heater
9 2013 Termite inspection, repair. Bagging as required when frass is evident.
10 2014 Camera inspection of 6 chimneys after major earthquake
(if needed)
106
ATTACHMENT F
147 Georgina Avenue: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
107
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 147 GEORGINA AVENUE IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 147 Georgina Avenue, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
108
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 147
Georgina Avenue,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 147 Georgina Avenue Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
109
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_147 GEORGINA AVE.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Jennifer Nicholson (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 147 Georgina Avenue, Santa Monica,
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;
C. On October 13, 2003, the Landmarks Commission of the City of Santa
Monica designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
110
I. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 147 Georgina Avenue; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
111
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
112
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default 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 Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
113
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Jennifer Nicholson
rd
231 23 Street
Santa Monica, California 90402
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
114
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
115
Marsha Jones Moutrie Jennifer Nicholson
City Attorney
ATTEST:
______________________________
Maria Stewart, City Clerk
116
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 147 Georgina Avenue
Number of Pages: 5, plus Exhibits A, B, and C
117
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 147 Georgina Avenue
Number of Pages: 5, plus Exhibits A, B, and C
118
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 147 Georgina Avenue
Number of Pages: 5, plus Exhibits A, B, and C
119
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_147 GEORGINA AVE.DOC
120
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Lot 18, block “K” of the Palisades, in the City Of Santa Monica,
County of Los Angeles, State of California, as per map
recorded in book 8, page(s) 32, of maps in the office of the
County Recorder of said County.
121
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION Agreement
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
122
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 147 Georgina Avenue
over the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2004-05 Re-screen all broken screens to match existing
2 Restore all trim and woodwork to original state
3 Replace rotten millwork to match existing
4 Repair and refinish all doors exterior
5 Repaint house
6 Remove and replace neglected landscape
7 Replace broken glass and weather stripping
8 Repair hidden gutters, scuppers and downspouts, sheet metal
9 Replace roof shingles
10 Repair catch basins and sub-terrain water export from site
11 Install fire sprinkler system
12 2005-14 General repair and maintenance, no further restoration needed
123
ATTACHMENT G
2511 Beverly avenue: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
124
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 2511 BEVERLY AVENUE IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 2511 Beverly Avenue, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
125
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 2511
Beverly Avenue,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 2511 Beverly Avenue Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
126
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_2511 BEVERLY AVENUE.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and John Steinbrun & Lisa Hughes (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 2511 Beverly Avenue, Santa Monica,
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;
C. On January 10, 2004, the Landmarks Commission of the City of Santa
Monica designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
127
J. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 2511 Beverly Avenue; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
128
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
129
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default 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 Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
130
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: John Steinbrun & Lisa Hughes
2444 Wilshire Boulevard, #414
Santa Monica, California 90403
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
131
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
132
Marsha Jones Moutrie John Steinbrun
City Attorney
By:_____________________________
Lisa Hughes
ATTEST:
______________________________
Maria Stewart, City Clerk
133
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 2511 Beverly Avenue
Number of Pages: 5, plus Exhibits A, B, and C
134
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 2511 Beverly Avenue
Number of Pages: 5, plus Exhibits A, B, and C
135
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 2511 Beverly Avenue
Number of Pages: 5, plus Exhibits A, B, and C
136
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_2511 BEVERLY AVENUE.DOC
137
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Parcel 1:
Lot 25 in block “C” of F. P. Howard’s subdivision of block 24
and 25 of Lucas Tract, in the City Of Santa Monica, County of
Los Angeles, State of California, as per recorded in book 10
page 9 of miscellaneous records of said County.
Parcel 2:
The northwesterly 25 feet of lot 26, block “C” of F. P. Howard’s
subdivision of block 24 and 25 of Lucas Tract, in the City Of
Santa Monica, County of Los Angeles, State of California, as
per recorded in book 10 page 9 of miscellaneous records of
said County.
138
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION Agreement
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
139
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 2511 Beverly Avenue
over the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2004-05 New concrete foundation & associated brick facing on footings and steps
2 Repair roof leaks
3 Replumb house
4 New railing on front steps
5 Termite repairs and bagging
6 2005 Rewire house
7 Trim canary palm tree
8 2006 Wainscoting strip sand and refinish
9 2007 Rebuild fireplace
10 2008 Basement windows, upper floor window replacement
11 2011 Repaint exterior
12 2012 Replace water heater
13 2013 Termite inspection, repair bagging as required when frass is evident
14 2014 Camera inspection of chimneys after major earthquake (if necessary)
140
ATTACHMENT H
th
2402 4 Street #4: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
141
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
TH
LOCATED AT 2402 4STREET #4 IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
th
WHEREAS, the property located at 2402 4 Street #4, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
142
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
th
enter into a historical property contract with the owner of the property located at 2402 4
Street #4,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
th
the owner of the property located at 2402 4 Street #4 Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
143
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_2402 4TH STREET #4.DOC
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Tammy L. Cameron (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
th
structures and improvements thereon, located at 2402 4 Street #4, Santa Monica,
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;
C. On December 13, 1990, the Landmarks Commission of the City of Santa
Monica designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
144
K. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
th
City of Santa Monica and the property owner of 2402 4 Street #4; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
145
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
146
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default 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 Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
147
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Tammy L. Cameron
th
2402 4 Street #4
Santa Monica, California 90405
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
148
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
149
Marsha Jones Moutrie Tammy L. Cameron
City Attorney
ATTEST:
______________________________
Maria Stewart, City Clerk
150
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
th
Property location: 2402 4 Street #4
Number of Pages: 5, plus Exhibits A, B, and C
151
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
th
Property location: 2402 4 Street #4
Number of Pages: 5, plus Exhibits A, B, and C
152
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
th
Property location: 2402 4 Street #4
Number of Pages: 5, plus Exhibits A, B, and C
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_CONTRACT_2402 4TH STREET #4.DOC
153
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Parcel 1:
th
An undivided 1/13 interest in and to Lot 1 of Tract No. 51352,
in the City Of Santa Monica, County of Los Angeles, State of
California, as per map recorded in book 1199 pages 84
through 86 inclusive of maps, in the Office of the County
Recorder of said County.
Except therefrom units 1 through 13 inclusive as defined and
delineated on the Condominium Plan recorded August 30,
1993 as instrument No. 93-1687545, official records, and
amended Condominium Plan recorded October 14, 1993 as
instrument No. 93-2004233, official records.
Parcel 2:
Unit 12 as defined and delineated on the above referred to
Condominium Plan.
154
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
155
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
th
The following projects shall be completed by the property owner of 2402 4 Street #4 over
the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2004-2005 Install front and rear rain gutters
2 2005 Foundation strengthening/repair, upgrade strength of foundation
system, strengthen foundation anchors and stem walls, replace all
exterior screens
3 2006 Replace and re-point damaged brick
4 2007 Paint exterior siding, window frames, eaves, eave supports, etc.
5 2008 Re-point damaged masonry and water seal to protect from water
moisture (front porch)
6 2010 Replace roof, maintain existing asphalt shingles until life of roof ends in
2010, then replace with Class A roof finish
7 2005-2015 Termite assessment and treatment (annual)
8 Maintain garden growth and remove any plant debris that may collect
on roof (ongoing)
9 Maintain existing technology systems, plumbing, electrical, etc.
10 maintain the slope of the grade to direct surface water away from the
house
156
ATTACHMENT I
nd
2621 2 Street: Supporting Documentation (including the draft Mills Act Resolution
and draft Historic Property Preservation Agreement). The Mills Act Contract
Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
157
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
ND
LOCATED AT 2621 2 STREET IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
nd
WHEREAS, the property located at 2621 2 Street, is a designated City landmark
and the owner of the property has filed an application to enter into a historical property
contract with the City; and
158
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
nd
enter into a historical property contract with the owner of the property located at 2621 2
Street,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
nd
the owner of the property located at 2621 2 Street Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_2621 2ND STREET.DOC
159
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Anne Wilcox Troutman (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
nd
structures and improvements thereon, located at 2621 2 Street, Santa Monica, 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;
C. On January 4, 1977, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
160
L. On December 14, 2004, the City Council of the City of Santa Monica
approved Resolution Number __ authorizing the execution of this Agreement between the
nd
City of Santa Monica and the property owner of 2621 2 Street; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
161
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
162
cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
163
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Anne Wilcox Troutman
nd
2621 2 Street
Santa Monica, California 90405
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
164
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
165
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie Anne Wilcox Troutman
City Attorney
ATTEST:
______________________________
Maria Stewart, City Clerk
166
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
nd
Property location: 2621 2 Street
Number of Pages: 5, plus Exhibits A, B, and C
167
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
nd
Property location: 2621 2 Street
Number of Pages: 5, plus Exhibits A, B, and C
168
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
nd
Property location: 2621 2 Street
Number of Pages: 5, plus Exhibits A, B, and C
169
F:\CITYPLANNING\SHARE\COUNCIL\MILLSACT\2004\MA_CONTRACT_2621 2ND STREET.DOC
170
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Lot (14), Block “N” Vawter’s Ocean view Tract, in the City Of
Santa Monica, County of Los Angeles, State of California, as
per map recorded in Book 9 Page(s) 1 and 2 of Miscellaneous
Records, in the office of the County Recorder of said County.
171
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
172
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
nd
The following projects shall be completed by the property owner of 2621 2 Street over the
initial 10 year term of the contract.
YEAR
ITEM TASK
1 2004-05 Remove all rotting & termite damaged wood
2 Replace all electrical wiring
3 Replumb
4 Replace front landing stairs & railing
5 Repair and restore all trim and woodwork to original
6 Repair all interior plaster
7 Repair and replace all broken and rotting windows
8 Repair, refinish or replace all interior & exterior doors
9 2006 Refinish all floors
10 Replace mechanical system
11 Install insulation at subfloor and attic
12 Repair and replace roofing
13 2007 Repair, refinish and paint all exterior siding
14 Provide landscaping and fencing for security
15 Provide earthquake retrofit and subfloor reinforcement
16 2005-2015 General repair and maintenance
173
ATTACHMENT J
rd
822 3 Street: Supporting Documentation (including the draft Mills Act Resolution
and draft Historic Property Preservation Agreement). The Mills Act Contract
Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
174
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
rd
LOCATED AT 822 3 STREET IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
rd
WHEREAS, the property located at 822 3 Street, is a designated City landmark
and the owner of the property has filed an application to enter into a historical property
contract with the City; and
175
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
rd
enter into a historical property contract with the owner of the property located at 822 3
Street,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
rd
the owner of the property located at 822 3 Street Santa Monica, California in accordance
with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_822 3RD STREET.DOC
176
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Susan Asai (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
rd
structures and improvements thereon, located at 822 3 Street, Santa Monica, 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;
C. On November 17, 1992, the Landmarks Commission of the City of Santa
Monica designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
M. On December 14, 2004, the City Council of the City of Santa Monica
177
approved Resolution Number __ authorizing the execution of this Agreement between the
rd
City of Santa Monica and the property owner of 822 3 Street; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
178
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
cancel this Agreement. All other remedies at law or in equity which are not otherwise
179
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
180
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Susan Asai
P.O. Box 714
Santa Monica, California 90406
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
181
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
182
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie Susan Asai
City Attorney
ATTEST:
______________________________
Maria Stewart, City Clerk
183
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
rd
Property location: 822 3 Street
Number of Pages: 5, plus Exhibits A, B, and C
184
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
rd
Property location: 822 3 Street
Number of Pages: 5, plus Exhibits A, B, and C
185
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
rd
Property location: 822 3 Street
Number of Pages: 5, plus Exhibits A, B, and C
186
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_CONTRACT_822 3RD STREET.DOC
187
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Lot E in block 24 of Town of Santa Monica, in the City Of
Santa Monica, County of Los Angeles, State of California, as
per map recorded in book 39, page 45 of miscellaneous
records and in book 3 page 80 of miscellaneous records, in
the Office of the County Recorder of said County.
188
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
189
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
rd
The following projects shall be completed by the property owner of 822 3 Street over the
initial 10 year term of the contract.
YEAR
ITEM TASK
1 2004-05 Repair any pavement and or walkway damage
Repair cracked surface in front of garages
Repair roof
Retrofit the building for earthquake,
Repair/restore exterior plaster to match existing texture at locations of
previous plumbing work and as needed
2 2006 Paint and repair metal railing
3 2007 Replace and or repair downspouts and drains
4 2008 Replace roof
5 2010 Restore and or repair all trim and wood work
6 2011 Repaint the exterior of the building
7 2012 Replace or repair garage doors
8 2005-2015 General repair and maintenance, repair and or replace plumbing and
electrical as needed, service all fire extinguishers, inspect smoke
detectors
190
ATTACHMENT K
406 Adelaide Drive: Supporting Documentation (including the draft Mills Act
Resolution and draft Historic Property Preservation Agreement). The Mills Act
Contract Application, Architect’s Report, Financial Analysis, and photographs are
attachments which are not available electronically.
191
City Council Meeting: 12/14/2004 Santa Monica, California
RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 406 ADELAIDE DRIVE IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et seq. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics in
return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties eligible
to enter into historical property contracts with the City upon resolution by the City Council;
and
WHEREAS, the property located at 406 Adelaide Drive, is a designated City
landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
192
WHEREAS, the Landmarks Commission reviewed the owner’s application at its
October 11, 2004 meeting and directed City Staff to forward a recommendation to the City
Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located at 406
Adelaide Drive,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 406 Adelaide Drive Santa Monica, California in
accordance with Government Code Sections 50280 et seq.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_RESOLUTION_406 ADELAIDE DRIVE.DOC
193
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this ____ day of _________, 200__
by and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Eileen Harris Norton (hereinafter referred to as the "Owner").
R E C I T A L S:
A. California Government Code Section 50280, et seq. authorizes cities to enter
into contracts with the owners of qualified historical property, as defined in Government
Code Section 90280.1, to provide for the use, maintenance and restoration of such
historical property so to retain its characteristics as property of historical significance;
B. Owner possesses fee title to certain real property, together with associated
structures and improvements thereon, located at 406 Adelaide Drive, Santa Monica,
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;
C. On March 8, 1993, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
N. On December 14, 2004, the City Council of the City of Santa Monica
194
approved Resolution Number __ authorizing the execution of this Agreement between the
City of Santa Monica and the property owner of 406 Adelaide Drive; and
E. 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.
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 January 1, 2005, 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
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. Upon receipt by the Owner of a
notice of nonrenewal, Owner may make a written protest of the notice of nonrenewal. At
any time prior to the renewal date, the City may 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 Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
195
b. In any restoration or rehabilitation of the property, the Owner shall
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, the United States
Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code,
and the City of Santa Monica to the extent applicable.
c. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C".
d. 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 Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code Section
50280.1. In the event of cancellation, Owner may be subject to payment of cancellation
fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of execution
of this Agreement, Owner shall send written notice of this Agreement, including a copy
hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if City does not enforce or
cancel this Agreement. All other remedies at law or in equity which are not otherwise
196
provided for in this Agreement or in Santa Monica Municipal Code Chapter 9.36 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 subsequent breach or default.
8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the surrounding
landowners and the City of Santa Monica. Owner shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement shall
be provided at the address of the parties as specified below or at any other address as
may be later specified by the parties.
197
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Eileen Harris Norton
406 Adelaide Drive
Santa Monica, California 90402
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is deemed to
assume responsibility and liability for, and the Owner shall indemnify and hold harmless
the City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which the City or its City Council, boards and commissions, officers,
agents, servants or employees may be put or subjected, by reason of any damage, loss or
injury of any kind or nature whatever to persons or property caused by or resulting from or
in connection with any negligent act or action, or any neglect, omission or failure to act
when under a duty to act, on the part of the Owner or any of its officers, agents, servants,
employees or subcontractors in this or their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
13. Severability. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity and interpretation of
198
this Agreement shall be determined in accordance with the laws of California applicable to
contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the Historic
Property, if required, shall incorporate by reference all obligations and duties of the parties
created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor children.
Owner further agrees to take affirmative action to ensure that no such person is
discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
By:______________________________
Susan E. McCarthy, City Manager
Approved As To Form: Owner
_____________________________ By:_____________________________
Marsha Jones Moutrie Eileen Harris Norton
City Attorney
ATTEST:
199
______________________________
Maria Stewart, City Clerk
200
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 406 Adelaide Drive
Number of Pages: 5, plus Exhibits A, B, and C
201
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On __________________, 2004, before me, ___________________________ the
undersigned, a Notary Public in and for said State, personally appeared
____________________, personally known to me - OR - proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity as property
owner.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 406 Adelaide Drive
Number of Pages: 5, plus Exhibits A, B, and C
202
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _______________, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared Susan E. McCarthy, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed the
within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to me
that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
_______________________________
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 406 Adelaide Drive
Number of Pages: 5, plus Exhibits A, B, and C
203
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT\2004\MA_CONTRACT_406 ADELAIDE DRIVE.DOC
204
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
Parcel 1:
Those portions of lots 1 and 2 in block “L” of the Palisades, in
the City Of Santa Monica, County of Los Angeles, State of
California, as per map recorded in book 8, page(s) 32 of maps,
in the Office of the County Recorder of said County, Described
as follows:
Beginning at the most westerly corner of said lot 1; thence
along the northwest line of said lot 1, north 44 degrees 15
minutes 50 seconds east 109.84 feet to the most westerly
corner of said lot 2; thence along the northwest line of said lot
2, north 49 degrees 13 minutes 50 seconds east 11.64 feet;
thence south 48 degrees 9 minutes 10 seconds east 135.74
feet; thence south 41 degrees 50 minutes seconds west 21.32
feet; thence south 46 degrees 56 minutes 37 seconds east
88.82 feet to the southeast line of said lot 1; thence along the
boundary of said lot 1, south 41 degrees 38 minutes 00
seconds west 87.50 feet and north 50 degrees 47 minutes 00
seconds west 231.25 feet to the point of beginning.
Parcel 2:
That portion of lot “E” of Tract No. 7433, in the City Of Santa
Monica, County of Los Angeles, State of California, as per
map recorded in book 96, page(s) 74 to 76 inclusive of maps,
in the Office of the County Recorder of said County, lying
southwesterly of a line bearing north 48 degrees 9 minutes 10
seconds west from a point in the northwest line of lot 2, block 1
of the Palisades, as per map recorded in book 8, page 32 of
said maps, distant thereon north 49 degrees 13 minutes 50
seconds east 11.64 feet from the most westerly corner of said
lot 2.
205
206
EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks Ordinance Section 9.36.190, all
designated landmarks and structures located within a historic district shall be maintained
in good repair and preserved against deterioration through the prompt repair of any of the
following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight or
structurally unsafe.
207
EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 406 Adelaide Drive
over the initial 10 year term of the contract.
YEAR
ITEM TASK
1 2005-2015 HVAC: check condition of ductwork and perform annual maintenance of
units; verify if replacement of FAU or condensers is warranted (annual)
2 2005 Inspect roofing, chimney and flashings for damage and repair as needed
3 Paint and maintain doors, windows and exposed millwork
4 2006 Inspect and test subsurface drainage and repair as required: verify
positive drainage from house and walks
5 2007 Inspect roofing, chimney and flashings for damage and repair as needed
6 Replace WC with water conserving fixtures
7 2008 Maintenance painting for doors, windows and exposed millwork
8 Replace and repaint damaged or rotted wall shingles as required
9 Inspect crawl space for condition
10 Perform termite inspection and replace any rotted or termite damaged
wood (verify with engineer if damage is extensive)
11 2009 Inspect roofing, chimney and flashings for damage and repair / replace
as needed. Clean all chimneys and replace spark arrestors
12 Inspect and test subsurface drainage
13 Prune trees and shrubs
14 2010 Repair/replace weather stripping and thresholds, replace hardware as
required
15 2011 Perform maintenance painting for doors, windows and exposed millwork
16 Inspect roofing, chimney and flashings for damage and repair/replace as
needed
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ATTACHMENT L
Summary Table with financial information for the eleven properties
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($425)ReductionCity Revenue -66.0%-$21,398-52.6%-71.0%-79.8%-63.9%($469)-82.2%-59.5%-77.8%-48.3%($354)-55.5%($474)-51.1%($396)-52.8%
Attachment L
2004 -- SUMMARY OF FINANCIAL ANALYSIS FOR MILLS ACT CONTRACTS**
Assessed Value Est. Assessed Value Current Tax Est. Tax Est. Mills Act Tax as a City Revenue City Revenue
Property
(Prop. 13) (MILLS ACT) (Prop. 13)(MILLS ACT)% of Current Tax(Prop. 13) (MILLS ACT)
Address
140 Hollister Avenue #1$424,820$229,091$5,027$2,37147.2%$804$379
140 Hollister Avenue #2$408,363$229,091$4,849$2,37148.9%$776$379
140 Hollister Avenue #3$481,014$229,091$5,332$2,37144.5%$853$379
140 Hollister Avenue #4$390,922$229,091$4,586$2,37151.7%$734$379
2034 La Mesa Drive$3,570,000$840,000$39,113$8,69522.2%$6,258$1,391
147 Georgina Avenue$2,714,000$1,145,455$29,266$11,85740.5%$4,683$1,897
2511 Beverly Avenue$2,100,000$397,091$23,100$4,11017.8%$3,696$658
2402 4th Street #4$540,000$160,364$4,593$1,66036.1%$735$266
2621 2nd Street$1,350,000$290,182$14,850$3,00420.2%$2,376$481
822 3rd Street$1,988,636$613,718$21,875$6,35329.0%$3,500$1,016
406 Adelaide Drive$4,584,900$2,290,909$50,026$23,71447.4%$8,004$3,794
Total
$32,419$11,021
**This worksheet provides only an estimate analysis. The County of Los Angeles Office
of the Assessor is responsible for calculating official Mills Act property tax assessments.
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