HomeMy WebLinkAbout2003 CON Hernandez Family Revocable Trust - Mills Act ContractRecording Requested by and When
Recorded Please Mail to:
Michael R. Dalla
City Clerk
City of National City
1243 National City Boulevard
National City, CA 91950-4301
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON SEP 08, 2003
DOCUMENT NUMBER 2003-1090469
GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
TIME: 9:47 AM
APN(s) 561-181-04
Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 1941 Highland Avenue
THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a
municipal corporation ("CITY") and Hernandez Family Revocable Trust ("OWNER").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorizes cities to enter into contracts with the owners of qualified historic properties to
provide for the use, maintenance, and restoration of such historic properties so as to retain their
characteristics as properties of historic significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor's Parcel No. 561-181-04, and located
at the street address 1941 Highland Avenue, National City, California, (the "Historic Site").
WHEREAS, the National City Council has designated the above property as a Historic
Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in
National City".
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Contract both to protect and preserve the characteristics of historic significance of the Historic
Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of
Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California
Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1
of Part 1 of Division 1 of the California Government Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and
Owner agree as follows:
Compliance with Council Policy. Owner shall comply with City Council Resolution No.
2002-67 incorporated herein by this reference.
2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be
currently eligible for listing in the "List of Identified Historic Sites in National City.
3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be
subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the Historic Site, and when necessary, restore
and rehabilitate the Historic Site to conform to the rules and regulations of the
Office of Historic Preservation of the Department of Parks and Recreation, the
United States Secretary of the Interior's Standards for Rehabilitation, and the
State Historical Building Code, as amended from time to time. Work shall be
done in accordance with the attached schedule of potential home improvements
proposed by the Owner (Attachment A).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris;
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including swimming pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the interior and exterior of
the Historic Site, by prior appointment, if a request is made by representatives of
the City of National City Planning Department, the Community Development
Commission of the City of National City, County Assessor, State Department of
Parks and Recreation, or the State Board of Equalization, as may be necessary to
determine Owner's compliance with the Contract.
d. Owner shall allow visibility of the exterior of the structure from the public right-
of-way.
e. Should Owner apply to City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
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11/14/02
designated by the City Council to oversee City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to City.
f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for
a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City's issuance of
the requested permit.
4. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by City which City deems necessary or advisable to determine
compliance with the terms and provisions of this Contract.
5. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Contract if it determines that
Owner has breached any of the conditions of this Contract or has allowed the property to
deteriorate to the point that it no longer meets City's or the State's standards for a
qualified historic property. In addition, City may cancel this Contract if it determines that
Owner has failed to restore or rehabilitate the Historic Site in the manner specified in
subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed
the Historic Site. In the event of cancellation, Owner shall be subject to payment of those
cancellation fees set forth in California Government Code Section 50280, et seq.
6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to
cancellation of the Contract as referenced herein, City may specifically enforce or enjoin
the breach of the terms of this Contract. In the event of a default under the provisions of
this Contract by Owner, City will give written notice to Owner by registered or certified
mail addressed to the address stated in this Contract, and if such a violation is not
corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts
to cure the breach or default must be commenced within thirty (30) days and must
thereafter be diligently pursued to completion by Owner), then City may, without further
notice, declare a default under the terms of this Contract and may bring any action
necessary to specifically enforce the obligations of Owner growing out of terms of this
Contract, or may apply to any state or federal court for injunctive relief against any
violation by Owner or may apply for such other relief as may be appropriate. City does
not waive any claim of default by Owner if City does not enforce or cancel this Contract.
All other remedies of law or in equity which are not otherwise provided for in this
Contract or in City's regulations governing historic sites are available to City to pursue in
the event there is a breach of this Contract. No waiver by City of any breach or default
under this Contract shall be deemed to be a waiver of any other subsequent breach
thereof or default hereunder.
7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants,
reservations and restrictions as set forth in this Contract. City and Owner hereby declare
their specific intent .that the covenants, reservations, and restrictions as set forth herein
3 Mills Act Contract
11/14/02
shall be deemed covenants running with the land and shall pass to and be binding upon
Owner's successors and assigns in title or interest to the Historic Site. Each and every
contract, deed, or other instrument hereinafter executed, covering or conveying the
Historic Site, 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 Contract regardless of whether such covenants, reservations, and restrictions are
set forth in such contract, deed, or other instrument. City and Owner hereby declare their
understanding and intent that the burden of the covenants, reservations, and restrictions
set forth herein, touch and concern the land, in that Owner's legal interest in the Historic
Site is rendered less valuable thereby. City and Owner hereby further declare their
understanding and intent that the benefit of such covenants, reservations and restrictions
touch and concern the land by enhancing and maintaining the historic characteristics and
significance of the historic Site for the benefit of City, the public, and Owner.
8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per
$100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual
assessed value.
9. Effective Date and Term of Contract. This Contract shall be effective and commence on
July 15, 2003, 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 10 below.
10. Renewal. Each year on the anniversary of the effective date of this Contract (the
"renewal date"), a year shall automatically be added to the initial term of this Contract
unless notice of non -renewal is mailed as provided herein. If either Owner or City
desires, in any year, not to renew this Contract, Owner or City shall serve written notice
of non -renewal on the other party in advance of the annual renewal date of the Contract.
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 Contract as
provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner
may make a written protest of the notice. City may, at any time prior to the annual
renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner
serves notice to the other of non -renewal in any year, the Contract shall remain in effect
for the balance of the term then remaining, either from its original execution or from the
last renewal of the Contract, whichever may apply.
11. Notice. Any notice required to be given by the terms of this Contract shall be provided at
the address of the respective parties as specified below or at any other address as may be
later specified by either party.
ills Act Contract
11/14/02
To City:
City of National City
Director of Planning
1243 National City Boulevard
National City, CA 91950-4301
To Owner(s):
Hernandez Family Revocable Trust
1941 Highland Avenue
National City, CA 91950
12. General Provisions.
a. None of the terms, provisions, or conditions of this Contract shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b. Owner agrees to and shall indemnify, defend and hold harmless City and its
elected officials, officers, agents, employees and volunteers from any and all
liability, loss, damage to property, injuries to, or death of any person or persons,
which may arise from the activities of Owner or those of his or her contractor,
subcontractor agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site by virtue of this
Contract. This obligation applies to all damages and claims for damages suffered,
or alleged to have been suffered, by reason of the use, operation and maintenance
of the Historic Site pursuant to this Contract, regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the Historic Site.
c. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Contract 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 Site, whether by operation of law or
in any manner whatsoever.
d. In the event that any of the provisions of this Contract are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof shall not be effected thereby.
e. This Contract shall not take effect unless and until Owner's signature is notarized
by a notary public. Furthermore, if an agent or representative of Owner signs this
Contract on behalf of Owner, the agent or representative must furnish proof to the
satisfaction of City, that the agent or representative has authority to act on
Owner's behalf.
f.
g•
This Contract shall be construed and governed in accordance with the laws of the
State of California.
Owner or an agent of Owner shall provide written notice of this Contract to the
State Office of Historic Preservation within six (6) months of entering into the
5
Mills Act Contract
11/14/02
Contract.
13. Recordation. No later than twenty (20) days after the parties execute and enter into this
Contract, City shall cause this Contract to be recorded in the office of the County
Recorder of the County of San Diego.
14. Amendments. This Contract may be amended only by a written and recorded instrument
executed by the parties hereto.
CITY OF NATIONAL CITY
Date: 08/05/03
By:
/10
Nick Inzunza, a .
Date:
08/05/03
Attest:
By: y
Micl R. Dalla, C ty Clerk
Date:
08/05/03
Approved as to form:
By:
George H. iser, III
City Attorney
OWNER(S) OF RECORD
Date: 7-110 —e93
By: £Gc-u-.1
(Notarized Signature)
Title:
Date:
By:
(No
ture
Title , /
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
6 Mills Act Contract
11/14/02
Attachment A
Restoration and maintenance plan for 1941 Highland Avenue:
1. Re -roof the main building within three years
2. Paint the building exteriors within three years with colors appropriate to the historic
buildings, subject to the prior approval of the National City Historic Society and the
Planning Director
3. Paint the fence within three years with colors appropriate to the historic site, subject
to the prior approval of the National City Historic Society and Planning Director
4. Pave the parking lot
5. Paint the interior
6. Replace windows
7. Repair and/or replace wood on the front porch and exterior stairs
•a:
•
State of California )
) SS.
County oft )
°1, e �k of custodian of original docum nt), .hereby
swear (or affirm) that the attached reproduction ofG.c
(description of original document) is a true, correct and complete
photoco�pv of a document in my possession.
(signature of custodian) \ 'A\ \Akki4 kJitaddreN8)
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Subscribed and sworn to (or affirmed) he ore m • s _ day of
'd w
(month), 'Jj (year), by j ,I,,; � (name or
ignature of Notary)
ALBERTO C41NTU
Commission 01351842
Notary Public - California
Apr16.2006
MEETING DATE August 5, 2003
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO. 12
(-ITEM TITLE MILLS ACT CONTRACT APPLICATION FOR 1941 HIGHLAND AVENUE
(APPLICANT: HERNANDEZ FAMILY REVOCABLE TRUST) (CASE FILE NO.: M-2002-3)
gCe
PREPARED BY Roger Post 336-4310 DEPARTMENT Planning
EXPLANATION
In May of 2002 the Council authorized a Mills Act program for historic properties on the City's adopted "List of
Identified Historic Sites in National City". The property owner of 1941 Highland Avenue is requesting a Mills
Act contract. This property is developed with the Casa De Novia (Ira Floyd home), built in 1881. It is currently
occupied by a wedding dress and formal attire sales business and is in the CG (General Commercial) zone.
Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in
exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is
on the City list. The owner proposes to maintain the structure as required by the contract and also proposes
restoration activities as described in the attached list.
The County Assessor's office estimates that there will be a tax reduction of roughly 55%, or $1,995.56
annually based on the current value. This would result in a reduction of approximately $200 annually in City
revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date.
The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The
property will be inspected annually to ensure that the structure is being maintained. CDC staff and the
National City Historic Society provided comments in support of the contract.
Environmental Review
X NIA Categorical Exemption
Financial Statement
The action will result in a reduction in annual City property
tax revenue of approximately $200.
Approved By: / < i.73r) y
Finance Direct
Account No.
STAFF RECOMMENDATION
Approve the contract.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. 2003-112
1. Location Map
2. Draft Contract
3. CDC and National City Historic Society Comments
4. Application, including site photos
A-200 (9;99)
RESOLUTION NO. 2003 — 112
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
MILLS ACT CONTRACT FOR THE PROPERTY
LOCATED AT 1941 HIGHLAND AVENUE
Applicant: Hernandez Family Revocable Trust
(Case File No. M-2002-3)
BE IT RESOLVED by the City Council of the City of National City that the
Mayor is hereby authorized to execute a Mills Act Contract for the property located at
1941 Highland Avenue. Said contact is on file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of August, 2003.
ATTEST:
APPROVED AS TO FORM:
UJ
azxx
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August 5, 2003,
by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
Clerk of the City 66f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-112 of the City of National City, California, passed and adopted by
the Council of said City on August 5, 2003.
City Clerk of the City of National City, California
By:
Deputy