Loading...
HomeMy WebLinkAbout2005 CON Janice Martinelli - 906 A Avenue - 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 APN(s): 556-471-25 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 906 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. 556-471-25-00, and located at the street address 906 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 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 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 December 20, 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 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 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 To Owner(s): Janice Martinelli 926 A 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. This Contract shall be construed and governed in accordance with the laws of the State of California. 5 Mills Act Contract 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: December 20, 2005 By: Nic nzunza, Date: /2 .4L aS Attest: By: / Mic ael R. Dall , City Cle Date: /2 -2 -O.S Approved as to form: /f By: /') George H. Eiser, III City Attorney OWNER(S) OF RECORD Date: l2 B 00_Lt % .ROAACAL (Notarized Signature) 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 906 A Avenue, National City, Calif. 91950 My maintenance plan is as follows: Keep exterior of the property well maintained including Paint Woodwork in good condition Keep the integrity of the structure as original Keep the roof in good repair Work with the neighbors to keep a good appearance, and maintain the rear of the property in a neat clean manner vi(fmittt& ce Martinelli 8-31-05 State of California County of---3>- t o On note-vv1;ie.✓ Zg ZDD S before me, ULO ��a , ► 1 ter personally appeared CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .�:�s�.:��r���;Lw�.',�T.:�>''aS .�.�� ���.Yz�.�2�R�.�... s�a•/_�'.� S �t���t�.�.�.tC . ��.�.! �7• ).ss. -4- ) Date \n 1 Name and Title of Officer (e.g., "Jane Doe, Notary Pe�fic") i&4JIA-I _r Name(s) of Signer(s) personally known to me 533 proved to me on the basis of satisfactory evidence LOUISE BRANCH Commission # 1387300 Notary Public • Colifomia San Diego County MyComn. Expires Nov 26, 2 to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that hthey executed the same in hi their authorized capacitv(ies), and that by hi FZe ✓their si_gnature(s) on the instrument the epee rson(s), or the entity upon behalf of which the pets (s) acted, executed the instrument. WITNESS my hand and official seal. y Signeture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General J Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here L:g3,1.-a a7xCe g,ti. .Tb A".4,4.G�y"dv4`r4WW4W3�$&6 •74117,�"y' t77% 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 RESOLUTION NO. 2005 — 264 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 906 A AVENUE APPLICANT: JANICE MARTINELLI CASE FILE NO. M-2005-1 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 906 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 20`h day of December, 2005. Nick Inzunza, ' a :r ATTEST: izejii Mic eael R. Da , City 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 December 20, 2005, by the following vote, to -wit: Ayes: Councilmembers, Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-264 of the City of National City, California, passed and adopted by the Council of said City on December 20, 2005. National City erk City, California � of the City o By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 16 ITEM TITLE Resolution of the City Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for 906 A Avenue (Applicant: Janice Martinelli) (Case File M-2005-1) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The property owner of 906 A Avenue in Brick Row is requesting a Mills Act contract. Currently, eight City properties are in the Mills Act Program. 906 A Avenue is a single-family residence and is in the CG-PD (General Commercial -Planned Development) Zone. Mills Act contracts are historic preservation tools that 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 Historic Properties List, as well as the National Register. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. The County Assessor's office estimates that there will be a tax reduction of roughly 67%, or $3,754 annually based on the newly assessed value that would otherwise be effective in 2006. The Finance Department has indicated that the $3754 figure would be entirely tax increment and an annual loss to the CDC. 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 \7perty will be inspected annually to ensure that the structure is being maintained. Environmental Review X N/A Exempt Financial Statement The action will result in a reduction in annual CDC property tax revenue of approximately $3,754 Approved By: Financ rector Account No. STAFF RECOMMENDATION /\ ��Cp Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A oleos-G1f ATTACHMENTS ( Listed Below) Resolution No. .to I 1. Resolution 2. Location Map 3. Draft Contract 4. Application, including site photos 5. Notice of Exemption 6. List of current Mills Act properties A-200 (9/99) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 906 A AVENUE APPLICANT: JANICE MARTINELLI CASE FILE NO. M-2005-1 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 906 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney apt CG-PD PROJECT LOCATION r r r ZONE BOUNDARY r r r r 1 LOCATION MAP Mills Act contract for 906 A Avenue at Brick Row M-2005-1 NATIONAL CITY PLANNING r DRN. DATE: 11/14/05 INITIAL HEARING: 12/06/05 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): 556-471-25 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 906 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. 556-471-25-00, and located at the street address 906 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 Mills Act Contract 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 Mills Act Contract 5 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 December 20, 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 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. Milts Act Contract Ill 4 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91.950-4301 To Owner(s): Janice Martinelli 926 A 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. This Contract shall be construed and governed in accordance with the laws of the State of California. Milts Act Contract 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: By: Nick Inzunza, Mayor Date: Attest: By: Michael R. Dalla, City Clerk Title: OWNER(S) OF RECORD Date: B• t (Notarized Signature) Title: Date: Approved as to form: By: George H. Eiser, III City Attorney Date: By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Mills Act Contract 906 A Avenue, National City, Calif. 91950 My maintenance plan is as follows: Keep exterior of the property well maintained including Paint Woodwork in good condition Keep the integrity of the structure as original Keep the roof in good repair Work with the neighbors to keep a good appearance, and maintain the rear of the property in a neat clean manner ice Martinelli 8-31-05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT $j;:�4��,c;.��.• �S �S;c���3�t�>�v S�S,�4����S�S�S �> S�cs�3�>'r>�•...�5!s3t ���.-�_'q.a���0.'-�. �5 �S �4�2 State of California County of taro On np61i Z�, ZDOS- before me, l.dl-u-Se���u raG�_ Y10L Date ` Name and Title of Officer (e.g., "Jane Doe, Notary Pu personally appeared ne- ( I Name(s) of Signer(s) fkpersonally known to me fjd proved to me on the basis of ,satisfactory evidence LOUISE BRANCH Commission # 1387300 Notary Pubdc - California t San Diego. County MyCafmn. bairn Nov 26, to be the person(s) whose name(s) ,Pare subscribed to the within instrument and acknowledged to me that hea&they executed the same in hitheir authorized capacity(ies), and that by hifiy 'their signature(s) on the instrument the erson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Li Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Cary:.0; . c9 2 SP:W �� Kei•W9vY 1 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.netionalnotary.org Prod. No. 5907 Reorder, CIA Toll -Free 1-800-876-6827 10 O 'AL Cr/ , 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 FOR DEPARTMENT USE ONLY Make checks payable to the City of National City PROPERTY DESCRIPTION: \ L c4 `\0 LAD Street Address: q0 e\ C\-ufz_ N,thrfkok-CIJA \ctco 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 f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: ----ScuvuLte.., Name: Address: Property owner's signature: Phone: Pan.co YV I/%, �t,Allil> Date: D -2o-0( Brick mow "Brick Row," patterned after the nineteenth century architec- tural style of the Philadelphia row house, was an idea conceived by Frank Kimball. Although it has been believed that Brick Row was designed by a Philadephia architect, recently discovered records indicate that R.C. Ball of San Diego was the architect of the project. The design of Folsom Prison of northern California is also attributed to Ball. Built in 1887.1888 for $30,000, Brick Row was reportedly constructed to house California Southern railroad executives in the early years of National City's development. Common to the East Coast, the Brick Row is one of the few known examples of its type architecture on the West Coast. The Brick Row, around I911; chimneys on the front of the structure were for decorative purposes. The unusual ten -unit Brick Row, assembled with bricks from the Kimball brick kilns, extends the length of one block of "A" Avenue. The building appears to consist of five units, but each comprises two apartments. Individual units are L-shaped with the plan reversed for every other unit, creating U-shaped service yards. Originally there were sixteen ornamental chimneys on the front of the Brick Row structure with the utility chimneys located in the rear. All of the wood used in the construction of Brick Row was redwood, and over 240,000 bricks were used to build the structure. The interior of each original unit had a stairway and balusters of 6"•••. )ti e White oak staircase on the interior of a restored Brick Row unit white oak with a curving handrail. Wooden floors, wood trim around doors and windows, molded plasterwork around light fixtures, picture rails, and cast iron fireplaces are a few of the many prominent features characterizing each original Brick Row unit. The kitchen area of a restored Brick Row unit /3 906 A Avenue, National City, Calif 91950 My maintenance plan is as follows: Keep exterior of the property well maintained including Paint Woodwork in good condition Keep the integrity of the structure as original Keep the roof in good repair Work with the neighbors to keep a good appearance, and maintain the rear of the property in a neat clean manner J 'cc Martinelli 8-31-05 SEP-01-05 0T:25 FROM-Ticor Title of CA ..- �rCORDING REQUESTED BY: LandAm rica Lawyers TIUB COnmp*ny AND WHEN RECORDED MAIL TO: Ms. Janice Martinelli 906 A Avenue National City, CA 91950 51960673ST T-203 P.002/002 F-T4T DOG 2005-0693926 iIIIII Ill Iill IIII IINI IIIII IInI IIII INII IlllI lilli lllll if II IIII AUG 12, 2005 2:47 PM OFFICIAL RECORDS 5AN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECDFIDER FEES: Se4.50 P.GE5: OC 11111111311111111.113111111111110011 6 Tide Order No.: 1125162.01 2005 ES-CION 0.:054893540 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $577.50 jXJ computed on full value of property conveyed. or () Computed on full value Less value of liens or encumbrances remaining at time of sale. I Unincorporated area (X) City of National City AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carl T. McVeagh, Successor Trustee, under the McVeagh Family Trust, dated May 13, 1896, and any amendments hereto hereby GRANT(s) to: Janice Martinelli, an Unmarried Woman the real property in the City of National City, County of San Diego, State of California, described as: Lot 20 in Block I of W.C. 10mball's Subdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10,1887. AP#: 556-471-25-00 DATED July 7, 2005 STATE OF CALIFORNIA COUNTY OF On abl 1.4 1 Before me, CAOO}C{Ril A NfeALF_Pubkc in an VIM!, e, personally appeared personally known to me to be the person(s) whose name(ey istere subscribed to the within instrument and acknowledged to me that helelisititop executed the same in hisIwrJNeir authorized capacIty(iey. and that by hisiherrpeir signature(e on the Instrument the poisoner), or the entity upon behalf of which the person(e) aped, executed the instrument. WITNESS my hand and official seal. Signature MAIL TAX'S Carl T. McVeagh. Successor Trustee, under the MCVeagh Family Trust, dated May 13, 1996, and any amendments thereto BY: •tJ l .. wtht?'Jttc'XSrinn /fiVSr+=C: Carl T. Mcveagh, 5uceessor Trustee Carambkilt111O4 WWI Prat • Callowile WNW CLAIM Mirce.u'i,pplrA 1D11,2O (his area for official notarial seal) TEMENTS TO PARTY SHOWN 0 LOW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE: J City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: Case File No. M-2005-1 Proiect Location: 906 A Avenue Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 906 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Janice Martinelli 926 A Avenue National City, CA 91950 Telephone Number: (619) 477-1122 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: Angela Reeder, Assistant Planner Recycled Paper NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership M-2002-2 926 A Avenue Janice Martinelli M-2002-3 1941 Highland Avenue Celia, Josefina Hernandez M-2003-1 916 A Avenue Jeannette Salazar M-2003-2 928 A Avenue Jeannette Salazar M-2003-3 1433 E. 241 Street Jim Ladd M-2003-4 45 East Plaza Blvd. Janice Martinelli M-2003-5 907 A Avenue Louise Branch / 7 Recording Requested by and When Recorded Please Mail to: Michael R. Dana City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 DOC # 2005-10 9803 lllliil lil ill1 Ilil llili IIIII 1 Ii III 1 E11i1 11111111 DEC 23, 2005 9:52 AM IJGFIC..LL PE IRCIS SAN DiEG RE12.0RDEF'` I_IFFILE GREGIORY' J. SOUTH. CI ILJT`' REC;IFIL E FEES, 45.0LI PAGES 1111111IIIIIII 1 IliII II111 III11 IIIII 111 1111111111111111111111111111 APN(s): 556-471-25 MILLS A For property loc Above Space for Recorder's Use Only. T CONTRACT ted at 906 A Avenue. THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice artinelli ("OWNER"). CITALS WHEREAS, California Government Act, authorizes cities to enter into contracts provide for the use, maintenance, and restor, characteristics as properties of historic signifi WHEREAS, Owner possesses fee titl associated structures and improvements the located at the street address 906 A Avenue, N WHEREAS, the National City Coun Site and it is so listed and currently eligible National City". WHEREAS, City and Owner, for t Contract both to protect and preserve the ch Site and to qualify the Historic Site for an as Article 1.9 (commencing with Section 439) o Revenue and Taxation Code, and of Article of Part 1 of Division 1 of the California Gove ode Section 50280, et seq., referred to as the Mills with the owners of qualified historic properties to tion of such historic properties so as to retain their ance. in and to that certain real property, together with reon, Assessor's Parcel No. 556-471-25-00, and tional City, California, (the "Historic Site"). it has designated the above property as a Historic or listing in the "List of Identified Historic Sites in eir mutual benefit, now desire to enter into this racteristics of historic significance of the Historic essment of valuation pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California 2 (commencing with Section 50280) of Chapter 1 ment Code (and as amended from time to time). II NOW THEREFORE, in considerati )n of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. 0 vner shall comply with City Council Resolution No. 2002-67 incorporated herein by this rference. 2. Eligibility. To be eligible for this C )ntract, the Historic Site shall be listed and shall be currently eligible for listing in the "Lst 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, r.;quirements, 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 Preservati )n of the Department of Parks and Recreation, the United States Secretary of he Interior's Standards for Rehabilitation, and the State Historical Building Co done in accordance with the drafted by the Owner (Attach le, as amended from time to time. Work shall be attached schedule of potential home improvements nent A). b. Owner shall maintain all buil sings, structures, yards and other improvements in a manner which does not letract from the appearance of the immediate neighborhood. The followin conditions are prohibited: i. Dilapidated, deteriora ing, or unrepaired structures, such as: fences, roofs, doors, walls and wind )ws; ii. Scrap lumber, junk, tr•tsh or debris; iii. Abandoned, discard:d or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or exc Nations, 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 reasonabl the Historic Site, by prior ap the City of National City P Commission of the City of Parks and Recreation, or the determine Owner's complian d. Owner shall allow visibility of -way. e. Should Owner apply to Cit alteration or removal of the scheduled hearing regarding periodic examination of the interior and exterior of iointment, if a request is made by representatives of anning Department, the Community Development ational City, County Assessor, State Department of State Board of Equalization, as may be necessary to e with the Contract. if the exterior of the structure from the public right - for a permit for demolition, substantial exterior istoric Site, Owner shall attend and participate in a such application before the board or commission 2 Mills Act Contract 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 deteinhnes 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 shall be deemed covenants running vith the land and shall pass to and be binding upon Owner's successors and assigns in t tle or interest to the Historic Site. Each and every contract, deed, or other instrumen 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 wheth;r such covenants, reservations, and restrictions are set forth in such contract, deed, or of ier instrument. City and Owner hereby declare their understanding and intent that the b rden of the covenants, reservations, and restrictions set forth herein, touch and concern t ie land, in that Owner's legal interest in the Historic Site is rendered less valuable ther:by. City and Owner hereby further declare their understanding and intent that the be refit 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 iistoric 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 December 20, 2005, and shall remn in effect for a term of ten (10) years thereafter. Each year upon the anniversary of t e 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 autom tically be added to the initial term of this Contract unless notice of non -renewal is m iled 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 Own ;r to City at least ninety (90) days prior to the annual renewal date, or served by City to Dwner at least sixty (60) days prior to the annual renewal date, one (1) year shall aut )matically be added to the term of the Contract as provided herein. Upon receipt by • caner of a notice of non -renewal from City, Owner may make a written protest of the iotice. 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-ren ;wal in any year, the Contract shall remain in effect for the balance of the term then rem.ining, either from its original execution or from the last renewal of the Contract, whichev ;r may apply. 11. Notice. Any notice required to be gi 'en by the terms of this Contract shall be provided at the address of the respective parties ..s specified below or at any other address as may be later specified by either party. Mills Act Contract To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 919.50-4301 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, ag .nts, employees and volunteers from any and all liability, loss, damage to prop:rty, injuries to, or death of any person or persons, which may arise from the act�.vities 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, an 1 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 approve 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 bindin; 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 thC 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, th ; agent or representative must furnish proof to the satisfaction of City, that the gent or representative has authority to act on Owner's behalf. f. This Contract shall be construed State of California. and governed in accordance with the laws of the ,15 Mills Act Contract g. Owner or an agent of Owne shall provide written notice of this Contract to the State Office of Historic Pre ervation 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 Co itract 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: December 20, 200.5. By: OWNER(S) OF RECORD Date: By: Nick Inzu `a,`'�'•r ( of ized Signature) Date: /2-- tt os Attest: By: Mic ael R. Dalla, ity Cler Date: /2 -2o - os- Approved as to form: By: 7) George H. Eiser, III City Attorney Title: Date: By: (Notarized Signature) Title: OWNERS PLEASE HAVE NOTARY P JBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Mills Act Contract EXHIBIT A 906 A Avenue, NJtional City, Calif 91950 My maintenance plan is as follows: Keep exterior of the property well maintained including Paint Woodwork in good condition Keep the integrity of the structure as original Keep the roof in good repair Work with the neighbors to keep a good Appearance, and maintain the rear of the property in a neat clean manner J ce Martinelli A-31-05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cava. �aC;��.!s�>�i��ai' 2,'�2;'�v�.�Y��Y�. .'✓_TES,sa. .! 2!:: .y--.S � C C!:v t/ vst• t t V C , >7 State of California County of Save o On 11 o,1c-vn\e.../ Zoos — Date personally appeared } Ss. before me, LvuuSe- {en- (Jd -a,✓CI U. Name and Tale of Officer (e.g., Jane Doe, Notary ublic") 0,\cu/lf n e_(Lt. Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence LOUISE BRANCH Commission # 1387300 Nokey Public - California t San Diego County MyCanwn.6ples Nov 26, to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that hQ/they executed the same in his/ID/their authorized capacity(ies), and that by hisltheir signature(s) on the instrument the ers ), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General L1 Attorney -in -Fact ❑ Trustee E Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S G PRINT R Top of thumb here 'ate' friK,D Lcf,,W- ren r41,,,g6K: Wrsr r<e):igg3K..2C.✓i si t/4 : : ✓+ ✓". :4s\:✓ ✓: 3 8�-3"s`:-rr,"ri:�.� -�'r © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827