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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 - 1 - 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. - 2 - 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 - 3 - 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: - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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). - 13 - 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). - 14 - 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). - 15 - 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. - 16 - 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. - 17 - 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 - 18 - 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 - 19 - 20 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 21 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. 22 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 208 ATTACHMENT L Summary Table with financial information for the eleven properties 209 ($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. 210