HomeMy WebLinkAbout108-Att. 7 - Mills Act Property Preservation Agreement.pdf
Recording Requested by: City Attorney City of Saratoga, California When Recorded, Mail to: Office of the City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Form per
Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT This Agreement, ("Agreement"), is made and entered into this
20th day of April, 2011, by and between, Craig Ambrose & Sari Harrison ("Owner"), Owner of the real property described below, and the City of Saratoga, California, a municipal corporation,
("City"). City and Owner may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." A. Recitals. (1) California Government
Code Section 50280, et seq. authorizes the City to enter into contracts with owners of qualified historical properties to provide for the use, maintenance, and restoration of historical
properties so as to retain characteristics of historical significance. (2) Owner possesses fee title in and to (together with associated structures and improvements thereon) the real
property described in Exhibit A to this Agreement and referenced herein as the Historic Property. The Historic Property is shown on the 2010 Santa Clara County Property Tax Rolls as
Assessors' Parcel Number 517-08-017 and as of the Effective Date is generally referenced by the following street address 14863 Oak Street in the City of Saratoga. (3) The Historic Property
was designated by the City as a historic landmark by Ordinance No. HP-13 and the City has determined that this Agreement is necessary to allow the restoration, rehabilitation, and maintenance
of the Historic Property. (4) 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 Section 439.2 of the California Revenue and Taxation Code. The Resolution of
the the City Council approving this Agreement is attached hereto as Exhibit B.
Page 2 of 15 B. Agreement. City and Owner, in consideration of the mutual covenants and conditions set forth herein and the recitals set forth above, do hereby agree as follows: (1)
Term of Agreement. (a) This Agreement shall be effective and commence on the date recorded in the Santa Clara County Recorder’s Office (“Effective Date”) and shall remain in effect for
a term of ten (10) years thereafter. (b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the Agreement shall be extended by one year unless notice of
non-renewal is served as provided herein. (c) In accordance with Government Code section 50282 if either Owner or City desire in any year not to renew the Agreement, that Party shall
serve on the other Party written notice of non-renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date. Notice of non-renewal by Owner shall
be filed at least ninety prior to the Renewal Date. Either party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time prior to the Renewal Date by
serving the other Party with a notice of withdrawal of the notice of non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall remain in effect
for ten years from the next Renewal Date as stated in this contract. (2) Condition of Historic Property. The characteristics that contribute to the historic significance of the Historic
Property and the condition of the Historic Property as of the Effective Date are documented in Exhibit C to this Agreement (“Baseline Conditions”). (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 immediately implement the list
of goals and general improvement plans for maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this Agreement (“Restoration Plan”) in order
to bring the Historic Property into conformance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary
of the Interior’s Standards for Rehabilitation and the State of California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall preserve and maintain
the characteristics that contribute to the historic significance of the Historic Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with
Page 3 of 15 the Applicable Rules and all other City, State, and Federal laws. (b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or repair of any exterior
architectural feature in or on the Historic Property that does not involve a change in design, material, or external appearance thereof. Nor does this Agreement prevent the construction,
reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Community Development Director determines that such action is required
for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ("SHBC") provides alternative building regulations for
the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing
laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the Owner or occupants of the Historic Property or the public. (d) Owner shall
maintain the Historic Property in a manner that does not block the view of the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or other
landscaping. (4) Provision of Information. (a) Within thirty days of any request, Owner shall furnish City with any and all information requested by City relevant to this contract to
determine compliance with the terms and provisions of this Agreement. (b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement, all records as may
be necessary to determine the eligibility of the property involved, and Owner’s compliance with the terms and provisions of this Agreement. These records shall include, but not be limited
to photographs, blueprints, permits, historical and/or architectural review approvals. In the event the Historic Property is sold, the Owner of the property at the time of sale shall
transfer all such records to the new Owner of the Historic Property. (c) Owner shall submit annually to the Community Development Director a report which shall specify all work completed
during the preceding twelve months to comply with the requirements of this Agreement and report on such other items as may be specified by the Community Development Director.
Page 4 of 15 (d) Owner shall allow for 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, (collectively the “Interested Agencies”) and/or the City. The Community Development Director shall determine when periodic
examinations by the City may be necessary to determine the eligibility of the property involved, and to determine Owner’s compliance with the terms and provisions of this Agreement.
Examinations by representatives of the Interested Agencies shall be made as deemed necessary by those agencies. (5) Cancellation. (a) CITY, following a duly noticed public hearing as
set forth in California Government Code Section 50285, may cancel this Agreement if it determines one or more of the following: (i) Owner has breached any of the terms or conditions
of this Agreement; (ii) Owner has allowed the Historic Property to deteriorate to the point that it no longer meets the standards of the Applicable Rules or no longer qualifies as a
City of Saratoga historic landmark; (iii) Owner has allowed the property to deteriorate to the point that it no longer meets standards as provided for in Chapter 16 of the Saratoga City
Code including, but are not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings; (iv) Owner has not complied with
other local, state, or federal laws and regulations. (b) In the event of cancellation, OWNER shall be subject to payment of those cancellation fees set forth in California Government
Code Sections 50280, et seq. (6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. City does not
waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this
Agreement or in the City's laws and regulations are available to the City. (7) Enforcement. In lieu of and/or in addition to any provisions to cancel the
Page 5 of 15 Agreement, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default by Owner City shall give written notice of the violation
to Owner by registered or certified mail addressed to the address provided for notice in this Agreement. The violation shall be corrected to the reasonable satisfaction of City within
thirty days of the date the notice is mailed. Where the violation cannot reasonably be cured within sixty days, actions to cure the violation shall be commenced within sixty days and
pursued diligently to completion within a reasonable period of time to be determined by the City. If the violation is not timely cured then the City may, without further notice, declare
a default and bring any action necessary to specifically enforce the obligations of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no no way limit or restrict its rights or legal remedies arising under other provisions of
local, state, or federal law, including the historic preservation regulations under the City’s municipal code. (8) Binding Effect of Agreement. (a) Owner hereby voluntarily subjects
the Historic Property to the covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and agreement that all of the
agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors,
legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement. Each and
every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions
are set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to the City. (b) City and Owner hereby declare their understanding
and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner has a legal interest in the Historic Property and
this Agreement relates to and affects the use of the Historic Property. (c) City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations,
and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is
not limited to the benefit to the public street named in the recitals to this Agreement, Agreement, City, residents of City and of the State of California, and Owner.
Page 6 of 15 (9) Notice. (a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other
address as may be later specified by the parties hereto. CITY: City of Saratoga Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 OWNER: Craig M. Ambrose & Sari Harrison 14863
Oak Street Saratoga, CA 95070 (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership
between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any
joint enterprise. (11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, agents, and employees
from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same same may be caused, including all costs and reasonable attorney's fees in providing
a defense to any claim arising there from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions with respect to or in any way connected with the
prosecution of the work performed by Owner pursuant to this Agreement. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered,
by reason of the conduct referenced in this Agreement regardless of whether City prepared, supplied, or approved any plans, specifications, other documents, or any proposed conduct relating
to the Historic Property. (12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to enforce or restrain a violation of any of the covenants, reservations,
or restrictions contained herein, or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay its own attorney's fees. (13) Recordation and
Notice. No later than twenty (20) days after the parties
Page 7 of 15 execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara. Owner shall provide
written notice of this agreement to the Office of Historic Preservation of the Department of Parks and Recreation no later than six (6) months of entering into this Agreement and shall
provide the City with a copy of such notice at the time it is filed. (14) Fees. The Community Development Director may assess and Owner shall pay such Mills Act Historic Property Contract
fees for the administration of this Agreement as may be authorized from time to time by the City Council. (15) Severability. If any section, sentence, clause, or phrase of this Agreement
is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect
the validity and enforceability of the remaining provisions, or portions of this Agreement, Agreement, and shall not be affected thereby. City and Owner hereby declare that each would
have approved and accepted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
or phrases be declared invalid or unconstitutional. (16) Integrated Agreement -Totality of Agreement. This Agreement embodies the agreement between City and Owner and its terms and conditions.
No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to execution of this Agreement shall affect or modify any of the
terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. All
Exhibits to this Agreement are hereby incorporated and made a part of this Agreement. (17) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience
only and shall not be considered or referred to in resolving questions of interpretation. (18) Governing Statutes and Law. This Agreement shall be governed and construed in accordance
with the statutes and laws of the State of California. (19) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties
hereto.
Page 8 of 15 IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day and year first written above. CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
____________________________ City Manager Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868-1222 Fax Number: (408) 868-8555 ATTEST: ____________________________
City Clerk Approved as to Form: _____________________________ City Attorney OWNER [Notarized Signature(s) Required] By: _____________________________ By: _____________________________
Name: Craig M. Ambrose and Sari Harrison Title: Owner(s) Local Address: 14683 Oak Street, Saratoga, CA 95070 Telephone: (408) 839-9415 Exhibit List Exhibit A – Legal Description of Historic
Property Exhibit B – City Council Resolution Approving Agreement Exhibit C – Baseline Conditions of Historic Property Exhibit D – Restoration Plan
LEGAL DESCRIPTION OF HISTORIC PROPERTY Exhibit A The Historic Property that is the subject of this Agreement is the real property described below including all structures and improvements
thereon: All that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: APN: 517-08-017 PARCEL ONE: Beginning at a
4” x 4” state marked 1, standing at a point of intersection of the Southerly line of St. Charles Street, with the Northwesterly line of Oak Street, as said streets are shown on the Map
entitle, “Plan of the Town of McCartysville, in Santa Clara County’, and which said Map was recorded on September 28, 1870, in the Office of the Recorder of the County of Santa Clara,
State of California, in Vol."A" of Maps, Page 43, and running thence along said Northwesterly line of Oak Street, S. 43° W. one hundred ninety-four (194) feet to a stake marked G.1,:
thence leaving said line of Oak Street and running N. 39° 45' W. one hundred twenty-five 95/100 (125.95) feet to a stake marked G.2., standing in the Southerly line of St. Charles Street,
and thence along said Southerly line of St.Charles Street, N. 78° 3' E. two hundred seventeen and 28/100 (217.28) feet to the place of beginning, and being part of the Town of McCartysville,
as shown on the above mentioned Map, Courses True Var. 17 ½ E. Surveyed January 3, 1907 by Chas. Herrmann, Surveyor and C.E., San Jose, Cal. PARCEL TWO: Beginning at a stake marked G.1
set in the Northwesterly line of Oak Street at the most Southerly corner of that certain tract deeded to Saratoga Missionary Settlement by J.E. Gassett, et al by Deed dated January 8,
1907 and recorded in Book 308 of Deeds, Page 589 in the Office of the County Recorder of Santa Clara County, and running thence along the Southwesterly line of said Tract, N. 39° 45'
W. 125.83 feet to a stake marked G.2. standing at the most Westerly corner of said tract and in the Southeasterly line of St. Charles Street and running thence along the Southeasterly
line of of St. Charles Street, S.77° 58' W. 31.84 feet to an iron pipe and running thence S. 40° 19' E. 144.06 feet to an iron pipe set in the Northwesterly line of Oak Street and running
thence along the Northwesterly line of Oak Street, N. 43° E. 27.00 feet to the place of beginning. Being a portion of Block "A" as shown on a Map entitled "Plan of the Town of McCartysville",
which said Map is recorded in Book "A" of Maps, Page 43 in the office of the Recorder of the Santa Clara County, California.
Resolution of the City Council of the City of Saratoga approving the MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT Exhibit B RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA APPROVING 14683 OAK STREET PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance
of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council
has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art. XIII-8 and California Government Code, Article 12, Sections
50280-50290 and California Revenue and Tax Code 439-439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is
consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to “Protect historical and archeological values and significant
geographic landmarks from destruction by development whenever possible” in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS,
the property located at 14683 Oak Street has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance;
and WHEREAS, the property located at 14683 Oak Street is the subject of a Mills Act contract between the City and the property owners dated April 6, 2011. NOW, THEREFORE, BE IT RESOLVED
by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 14683 Oak Street. The above and foregoing
Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 6th day of April 2011 by the following vote:
AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor City of Saratoga ATTEST: Ann Sullivan, City Clerk City of Saratoga
BASELINE CONDITIONS OF HISTORIC PROPERTY Exhibit C 1. NAME OF PROPOSED MONUMENT: Missionary Settlement House 2. ADDRESS: 14683 Oak Street, Saratoga, CA 3. ASSESSOR’S PARCEL NUMBER: 517-08-017
4. COMPLETE LEGAL DESCRIPTION: PARCEL ONE: Beginning at a 4” x 4” state marked 1, standing at a point of intersection of the Southerly line of St. Charles Street, with the Northwesterly
line of Oak Street, as said streets are shown on the Map entitle, “Plan of the Town of McCartysville, in Santa Clara County’, and which said Map was recorded on September 28, 1870, in
the Office of the Recorder of the County of Santa Clara, State of California, in Vol."A" of Maps, Page 43, and running thence along said Northwesterly line of Oak Street, S. 43° W. one
hundred ninety-four (194) feet to a stake marked G.1,: thence leaving said line of Oak Street and running N. 39° 45' W. one hundred twenty-five 95/100 (125.95) feet to a stake marked
G.2., standing in the Southerly line of St. Charles Street, and thence along said Southerly line of St. Charles Street, N. 78° 3' E. two hundred seventeen and 28/100 (217.28) feet to
the place of beginning, and being part of the Town of McCartysville, as shown on the above mentioned Map, Courses True Var. 17 ½ E. Surveyed January 3, 1907 by Chas. Herrmann, Surveyor
and C.E., San Jose, Cal. PARCEL TWO: Beginning at a stake marked G.1 set in the Northwesterly line of Oak Street at the most Southerly corner of that certain tract deeded to Saratoga
Missionary Settlement by J.E. Gassett, et al by Deed dated January 8, 1907 and recorded in Book 308 of Deeds, Page 589 in the Office of the County Recorder of Santa Clara County, and
running thence along the Southwesterly line of said Tract, N. 39° 45' W. 125.83 feet to a stake marked G.2. standing at the most Westerly corner of said tract and in the Southeasterly
line of St. Charles Street and running thence along the Southeasterly line of St. Charles Street, S.77° 58' W. 31.84 feet to an iron pipe and running thence S. 40° 19' E. 144.06 feet
to an iron pipe set in the Northwesterly line of Oak Street and running thence along the Northwesterly line of Oak Street, N. 43° E. 27.00 feet to the place of beginning. Being a portion
of Block "A" as shown on a Map entitled "Plan of the Town of McCartysville", which said Map is recorded in Book "A" of Maps, Page 43 in the office of the Recorder of the Santa Clara
County, California.
5. RANGE OF ADDRESSES: 14683 Oak Street 6. PRESENT OWNERS: Craig Ambrose and Sari Harrison 7. OWNERSHIP: Private 8. PRESENT AND ORIGINAL USE: Single Family Residential 9. ARCHITECTURAL
STYLE: Queen Anne 10. PRESENT PHYSICAL DESCRIPTION: See project file at City of Saratoga 11. CONSTRUCTION DATE: Circa 1897 12. ARCHTECT, DESIGNER, OR ENGINEER: Unknown 13. CONTRACTOR/BUILDER:
Clarence George 14. PHOTOGRAPHS: See project file at City of Saratoga 15. CONDITION: See project file at City of Saratoga 16. ALTERATIONS: See project file at City of Saratoga 17. THREATS
TO THE SITE: The site is located on Oak Street. Private development or zoning changes are potential threats to the site. 18. STATEMENT OF SIGNIFICANCE: This elaborate Queen Anne cottage
was built about 1897 by Clarence George. Typical to Victorian-era design, the house has a hipped main roof, a front accent gable, and inset porch, and is raised above ground. The Saratoga
Congregational Church purchased it for a missionary rest center in 1907, for use by by members of the Saratoga Missionary Settlement. Their goal was to give counsel, comfort and assistance
to returned missionaries, especially those from the area. Although the group worked to raise funds for a building, their plans never developed. The members used this cottage as a retreat
for Reverend Cole, whose health was impaired by his missionary work in Alaska. For many years, church services were available at this residence. The Knapp family lived in this house
from 1909 to 1918. The Missionary Settlement House is listed on the Saratoga Heritage Resource Inventory. It qualified under Criteria (a) and (c). Criteria (a) states the property exemplifies
and reflects special elements of the cultural, social, economic,
aesthetic, and architectural history of Saratoga. Criteria (c) states the property embodies distinctive characteristics that represent an established and familiar visual feature of a
neighborhood. 19. SOURCES: See project file at City of Saratoga 20. PREPARER: M. Fossati, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
RESTORATION PLAN Exhibit D Year 1: Repair rear deck Repair front deck Fence Repair & Maintenance Year 2: Exterior woodwork /window frame/trim/railing repair Roof replacement /gutters
replacement/upgrade/repair Exterior painting Year 3: Driveway improvements Landscape improvements Year 4: Basement Mature tree maintenance Year 5: Bathroom improvements Resurface wood
floors Year 6: Interior painting upgrades Interior woodwork/trim repair Year 7: Exterior woodwork /window frame /trim /railing repair Year 8: Kitchen improvements Year 9: Landscape improvements
Weatherproofing improvements Year 10: Landscape improvements Mature tree maintenance