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HomeMy WebLinkAbout2003 CON Janice Martinelli -926 A Avenue - Mills Act ContractPLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL 'CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 THE ORIGINAL OF THIS DENT WAS RECORDED ON JUL 29, 2003 WORT NUMBER 20O3-09043699 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:07 PM MS SPACE FOR RECORDERS fin wax MILLS ACT CONTRACT FOR PROPERTY LOCATED AT 926 "A" AVENUE (Please fill in document tide(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESO 2003-101 6/94 Rec.Foam IR25 Recording 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 APN(s): 556-471-11 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 926 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice Martinelli ("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. 556-471-11, and located at the street address 926 A 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: 1. 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 drafted 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 2 Mills Act Contract 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 21, 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. 4 Mills Act Contract 11/14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Janice Martinelli 926 A Avenue National City, CA 91950 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. This Contract shall be construed and governed in accordance with the laws of the State of California. 5 Mills Act Contract 11/14/02 Attachment A Restoration and maintenance plan for 926 A Avenue: 1. Replace ten (10) windows with new wood, same style as original. 2. Roof maintenance — porch and main house 3. New wooden window screens (10) 4. Refinish hardwood floors, interior kitchen, and main living areas 5. Repaint and repair exterior brickwork 6. Re -mill needed brickwork on exterior of building 7. Repair broken rope window weights as needed throughout g. 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 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: 07-15-03 By: OWNER(S) OF RECORD Date: 7' - D Nick Inzunz , r (Not ri ed ignature) Date: 07-15-03 Attest: By: Mi ael R. Dalla,iity Cl Date: 07-15-03 Approved as to form: By: gem: George H. Eiser, III City Attorney sir Title: Date: By: (Notarized Signature) Title: OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 11/14/02 MERie tit STALE OF CALIFORNIA COUNTY OF San Diego On July 7, 2003 personally appeared , before me, } }ss. } the undersigned JANICE MARTINELLI , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha Signature (This area for official notarial seatl COM. COTE-SPRONG111 NOTARY PUBLIC-CALIFORNIA SANI DIEGO OOIJNTY 9 My commission Expires JANUARY 31, 2005 Title of Document Date of Document Other signatures not acknowledged No. of Pages 3008 (1 94) (General) ; •:q insurance Company Attachment A Restoration and maintenance plan for 926 A Avenue: 1. Replace ten (10) windows with new wood, same style as original 2. Roof maintenance — porch and main house 3. New wooden window screens (10) 4. Refinish hardwood floors, interior kitchen, and main living areas 5. Repaint and repair exterior brickwork 6. Re -mill needed brickwork on exterior of building 7. Repair broken rope window weights as needed throughout 8. Owner agrees to explore feasibility of participation in providing a decorative uniform fence along the entire alley behind Brick Row City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 July 21, 2003 County of San Diego Gregory J. Smith Assessor / Recorder / County Clerk Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: Please find enclosed for recording, the following document in duplicate: MILLS ACT CONTRACT for property located at 926 "A" Avenue. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, `-t Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Planning C2003-25 File No. 205-2-1 i�d Recycled Paper 1EETING DATE July 15, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 "ITEM TITLE MILLS ACT CONTRACT APPLICATION FOR 926 A AVENUE IN BRICK ROW (APPLICANT: JANICE MARTINELLI) (CASE FILE NO.: M-2002-2) (47 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 926 A Avenue is requesting a Mills Act contract. This property is one of the Brick Row homes constructed in 1887, located in Heritage Square. It is an owner -occupied home in the CG-PD General Commercial -Planned Development 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 15 A, or $200 annually based on the current value. This would result in a reduction of approximately $20 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. CEnvironmental Review X N/A Categorical Exemption Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $20. Approved BY:1 Finance Director Account No. STAFF RECOMMENDATION Approve the contract. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Location Map 2. Draft Contract 3. CDC and National City Historic Society Comments �. Application, including site photos Resolution No. 2003-101 A-200 (9/99) RESOLUTION NO. 2003 — 101 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 926 "A" AVENUE IN BRICK ROW APPLICANT: JANICE MARTINELLI M-2002-2 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 926 "A" Avenue in Brick Row. Said contact is on file in the Office of the City Clerk. PASSED and ADOPTED this 15th day of July 2003. NicCVi , Mayor ATTEST: Michael R. DaIla,l ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 15, 2003, by the following vote, to -wit: Ayes: Councilmembers, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Councilmember Inzunza. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California Ci Clerk of N L he Ci of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-101 of the City of National City, California, passed and adopted by the Council of said City on July 15, 2003. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 July 30, 2003 Ms. Janice Martinelli 926 "A" Avenue National City CA 91950 Dear Ms. Martinelli, We are enclosing a recorded copy of the Mills Contract for property located at 926 "A" Avenue. Should you have any questions, please feel free to contact our office. Sincerely, Martha L. Alvarez Deputy City Clerk /mla Enclosure cc: Planning File No. C2003-25 / 205-2-1 Recycled Paper CG- % r r v r 1 \ RS-3- k E gc ✓ ✓ r ▪ APO c \ \ \rr \ \ \ \ \ \ \ \ PROJECT SITE ZONE BOUNDARY 4/M. MINI IMMO OM Am, 4111.1 i AN LOCATION MAP SITE PROPOSED FOR MILLS ACT CONTRACT M-2002-2 NATIONAL CITY PLANNING I DRN DATE: 7/8/03 INITIAL HEARING: 7/15/03 ._.TNAL CITY MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY February 26, 2003 To: Jon Cain, Associate Planner From: Paul Desrochers, Executive Director Subject: Case file:#M-2002-2, Milles Act Application, 926 A Ave. Thank you for the opportunity to review the application for Mills Act status for 926 A. Ave. The CDC has no objections to the designation of the property under provisions of the Mills Act. Our only comment is that the rear view of the property be more astatically pleasing to the public. The rear alley has taken on greater significance due to redevelopment activities. The subject unit is enclosed with a high (well maintained) fence and is much better than some of the other Brickrow units. The designation of this site, under Mills Act, should set a precedent for the other units to be concerned about the look of the property from the alley. Therefore, I suggest that improvement of the property along the rear alley be required as part of the list other improvements proposed by the owner. It should be up to the Brickrow homeowners to agree on a design and implement a joint effort to improve the "alleyscape". The CDC would be interested in possible loan and grant assistance. Jo '�� City of National City " Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR December 30, 2002 TO: COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL SOCIETY FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: M-2002-2, Mills Act Contract Application for 926 A Avenue This Mills Act Contract application has been submitted for consideration for the property at 926 A Avenue. This location is part of Brick Row, as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposal by January 10, 2003. Please alert us to any aspects of the proposal which conflict with regulations or policies that your department or agency administers. If you have any questions, please contact me at 336-4310. Thank you. JON CAIN Associate Planner :;, a C) 03 a/2/2-At-t-f-e' Li?etize- tnRR `1 161-20 ® Recycled Paper l/ G. —27' 021TUE) 09:33 PVH FOUNr9TIO(a 'BRICKROW —1887 '916, 926, 934 A Avenue Designed by San Diego architect R. C. Ball (who also designed Folsom Prison), the Brick Row was constructed by Frank Kimball in -1887 for $30,000 at a time when the whole area was in an economic boom- The architectural style is unique to this region as it was modeled after the row houses of Philadelphia and similar eastern cities. These 10 individual row houses were built to be used by the executives of the Santa Fe Railroad and it was hoped that the railroad elite would not only feel at home surrounded by familiar architecture but also be impressed at the cosmopolitan appearance of the young city.room with fireplace, a kitchen, a parlor Each Flo House his a formal dining back an enclosed with fireplace, a butler's pantry and four bedrooms upstairs, as well as 'On Novsback yard. -The units open into an•eartry ball with oak stairs and —banisters. ' of 6, 1887 Frank Kimball wrote in his diary, "Let contract to build and complete ten flights stairs in my new hams -to lulu. Thomas of San Diego for $625. Rails, newels and balusters to be of oak and finished in first class style." The floor plans are L-shaped with the plan reversed for every other unit to form U-shaped backyards- Twelve -inch: ducedi ibck interlockingbrick walls divide each unit; the bricks were the severe lines mof the brickyards. The brickwork was laid with an artistic eye to break long walls. Ornamental brick chimneys originally adorned the front of the building, but • most- of -them have sinew been -removed. -The kitchen chimneys are- still located attire rear. A one-story wooden porch runs the length of the building with wood dividers corresponding toll Party Van *Ong ng the: priv y of each -writ. • Listed on the National Register of Historic Places the Brick Row now is an integral part of National City's Heritage Square. Each of the 10 units is.privately owned and maintained, however there is a protective covenant on the facade so the exterior will always be in keeping with the Victorian surroundings. 916 A For this home tour three of the ten units will be open for inspection. Avenue is owned by Jeanette Salazar who is the director of the WIC Program; 916 is owned by National City businesswoman Janice Martinelli who sells real estate and is of doe National City Historical Society', 934 is owned by Michael currently the president Wells and his with Marie Kreider, a history teacher at a nearbyhigh of P,l► these owners serves on the Board of the National City Historical Society. L i�V�V1ltkRmntrrff// , NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: Otg-t4, NAA4As\ftp.k CLIJ cmc-0 Assessors Parcel Number(s): SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name: Address: CIAO ;VA_ 1' iti Phone: (plCC4-)14 N962eAttit a °M l 6 Property owner's signature: ate: kb-:°►-t��