HomeMy WebLinkAbout2010 CON Janice Martinelli - 940 East 16th Street - 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
14192
D O C ## 2010-0576001
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OCT 26, 2010 12:49 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 58.00
PAGES- 9
111IIIH1111111ulllIIIII11IIIIII111111111111IIIIIIIIII11IIIIII111111111111IIII IIII
APN(s): 561-060-47
Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 940 East 16th Street
THIS CONTRACT is entered into by and between THE CITY OF NATIONAL
CITY, a municipal corporation ("CITY") and Edward and Marilyn Zubov ("OWNERS").
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, Owners possesses fee title in and to that certain real property,
together with associated structures and improvements thereon, Assessor's Parcel No.
561-060-47, and located at the street address 940 East 16th Street, National City,
California, (the "Historic Site"). A legal description of the Historic Site is attached hereto
as "Exhibit A", and incorporated herein by this reference.
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 Owners, 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).
14193
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and covenants, City
and Owners agree as follows:
1. Compliance with Council Resolution. Owners shall comply with City Council
Resolution No. 2010-xx incorporated herein by this reference.
2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and
shall remain 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. Owners shall preserve and maintain the characteristics of the cultural and
historical significance of 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 California State
Parks, 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 Owners
(Attachment A).
b. Owners 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. Owners 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 Owners compliance
with the Contract.
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d. Owners shall allow visibility of the exterior of the structure from the public
right-of-way. Owners shall not block the view to the exterior of structure
with any new structure, such as as walls, fences, or shrubbery.
e. Should Owners apply to City for a permit for demolition, substantial
exterior alteration or removal of the Historic Site, Owners shall attend and
participate in a scheduled hearing regarding such application before the
board or commission designated by the City Council to oversee City's
historic resources prior to the issuance of such permit. City will endeavor
to schedule such hearing within three (3) weeks after owners submit such
application to City.
f. Notwithstanding the foregoing subparagraph 2.e, should Owners apply to
City for a permit for the demolition, substantial exterior alteration or
removal of the Historic Site, Owners 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. Owners 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 Owners have 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 Owners have 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, Owners 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 Owners, City will give written notice to Owners
by registered or certified mail of the default, and provide 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 Owners, then City
may, without further notice, declare a default under the terms of this Contract and
may pursue any remedy available under local, state or federal law. City does not
waive any claim of default by Owners if City does not enforce or cancel this
Contract. No waiver by City of any breach or default under this Contract shall be
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deemed to be a waiver of any other subsequent breach thereof or default
hereunder.
7 Binding Effect of Contract. Owners hereby subject the Historic Site to the
covenants, reservations and restrictions as set forth in this Contract. City and
Owners hereby declare their specific intent that the covenants, reservations, and
restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon Owners' 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
Owners 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 Owners legal interest in the Historic Site is rendered less valuable
thereby. City and Owners 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 Owners.
8. Processing Fee. Owners 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 October 5, 2010, and shall remain in effect for a term of ten (10)
years thereafter.
10. Automatic Renewal and Notice of Non -Renewal.
a. 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.
b. Non -renewal. If either Owners or City desires, in any year, not to renew
this Contract, Owners 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 Owners to City, in writing to the City
Council, at least ninety (90) days prior to the annual renewal date, or
served by City to Owners 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. If either City or Owners serve 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
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from the last renewal of the Contract, whichever may apply.
i. Protest. Upon receipt by Owners of a notice of non -renewal from
City, Owners may make a written protest of the notice to the City
Council. Any protest must be received by the City no later that 15
days from the date of the notice of non -renewal.
ii. Withdrawal of non -renewal. City may, at any time prior to the
annual renewal date of the Contract, withdraw its notice of non -
renewal.
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.
To City: To Owners:
City of National City
Development Services Director
1243 National City Boulevard
National City, CA 91950-4301
Edward and Marilyn Zubov
c/o: Janice Martinelli
940 East 16th Street
National City, CA 91950
12. Indemnity and Hold Harmless of City. Owners shall defend, indemnify, and hold
harmless City and its elected officials, officers, agents and employees from any
actual or alleged claims, demands, causes of action, liability, loss, damage, or
injury to property or persons, including wrongful death, whether imposed by a
court of law or administrative action of any federal, state, or local governmental
agency, arising out of or incident to (i) the direct or indirect use, operation, or
maintenance of the Historic Site by Owners or any contractor, subcontractor,
agent, lessee, licensee, invitee, or any other person; (ii) Owners' activities in
connection with the Historic Site; and (iii) any restrictions on the use or
development of the Historic Site, from application or enforcement of the National
City Municipal Code or from enforcement of this Contract. This indemnification
includes, without limitation, the payment of all penalties, fines, judgments,
awards, decrees, attorneys' fees, and related costs or expenses, and the
reimbursement of City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners' obligation to indemnify
shall survive the termination, cancellation, or expiration of this Contract and shall
not be restricted to insurance proceeds, if any, received by City, its elected
officials, employees, or agents.
13. 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.
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b. 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.
c. 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.
d. This Contract shall not take effect unless and until Owners' signature is
notarized by a notary public. Furthermore, if an agent or representative of
Owners signs this Contract on behalf of Owners, the agent or
representative must furnish proof to the satisfaction of City, that the agent
or representative has authority to act on Owners' behalf.
e. This Contract shall be construed and governed in accordance with the
laws of the State of California. The venue for any action shall be in the
County of San Diego, State of California.
f. Owners or an agent of Owners shall provide written notice of this Contract
to the State Office of Historic Preservation within six (6) months of
entering into the Contract.
14. 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.
15. Amendments. This Contract may be amended only by a written and recorded
instrument executed by the parties hereto.
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14198
CITY OF NATIONAL CITY
Date: October 5, 2010
By:
Ron Morrison, Mayor
Attest:
By: H A4•
Michael R. Dalla, ity Clerk
Date: Octnber 5, 2010
Apped as ,• f
By:
audia G. va, i y Attorney
OWNERS OF RECORD
Date: / /2
By:
(Nota -d Signat
Title:
b 1 in a h�
Date: 473 /7 D
(Notarized Sigure)
Title:
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
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EXHIBIT "A"
LEGAL DESCRIPTION
APN: 561-060-47-00
940 East 16`" Street, National City, CA 91950
Lot 2 of National City Case File No. 2007-15 S, in the City of National City, County of San
Diego, State of California, according to Map thereof No. 15738, filed in the Office of the County
Recorder of San Diego County, December 30, 2008
1_420O
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of j?r" b1E.(+C0
On 9 •-03 -- Zc' I C1 before me,
Date
personally appeared
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Here Insert Name and Title of the Officer
Name(s) of Signer(s)
A ,•
MICAELA POLANCO
COMM.#1697128
NOTARY PUBLIC-CALIFORNIA .i
SAN DIEGO COUNTY
My COMM, E>-olr-s Oot 2. 2010
Place Notary Seal Above
who 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official
Signature
OPTIONAL
Though the information below is not required by law, it may prove v- 'able to persons relying on the document
and could prevent fraudulent removal and reattachmen of this form to another document.
Description of Attached Document
Title or Type of Document: P\ 1 LLB
Document Date: 2:-10
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Signer(s) Other Than Named Above:
Number of Pages:
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Capacity(ies) Claimed by Signer(s)
Signer's Name: etjb.S4`v2C> 2-0
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LJ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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Signer's Name: iv) Pit \ L YN lOtwA
C�ndividual
❑ Corporate Officer — Title(s):
LI Partner — ❑ Limited 7 General
Attorney in Fact
Trustee
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Other:
Signer Is Representing: LZ F
S2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item
RIGHTTHUMBPRINT
OF SIGNER
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5907 Reorder: Call Toll -Free 1-800-876-6827
RESOLUTION NO. 2010 — 230
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A MILLS ACT CONTRACT FOR 940 EAST 16TH STREET
APPLICANT: JANICE MARTINELLI
CASE FILE NO. 2010-28 M
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 940 East 16`h Street. Said contract is on
file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of October, 2010.
on Morrison, Mayor
ATTEST:
ael R. Dalla,'City Clerk
APROVED AS TO FORM:
dia G.
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
5, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City f ational City, California
Ierk of the City
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-230 of the City of National City, California, passed and
adopted by the Council of said City on October 5, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
caoxo-n\
MEETING DATE: October 5, 2010
AGENDA ITEM NO. 13
ITEM TITLE:
Resolution of the City Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for
940 East 16th Street (Applicant: Janice Martinelli) (Case File 2010-28 M)
PREPARED BY: Martin Reeder
PHONE: 336-4313
DEPARTMENT: Developme vcs/Planning.
APPROVED BY. +
EXPLANATION:
This is a companion item to Case File 2010-28 HL, which requested this property be added to the City's Historic
Properties List.
The property owner of 940 East 16th Street (the Judge Frederick Hertel-Hawken House) is requesting a Mills Act
contract. The Hertel-Hawken House is a two-story classic Craftsman home located on a 0.3-acre lot. The property is
within the RM-1-PD (Multi -Family Residential -Planned Development) zone and an active redevelopment project area.
Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for a
commitment to maintain and/or restore a historic structure. This property is eligible since it is on the City Historic
Properties List. The property has received $80,000 worth of restoration work since 2005 and the owner proposes to
maintain the structure as required by the contract. The Mills Act contract is valid for 10 years and automatically extends
for one year on the anniversary date. The City may cancel the contract if breached or opt not to renew it if proper
notice is provided. There are currently twelve properties in the City in the Mills Act Program.
According to the San Diego County Assessor, there will be an approximate tax reduction of 34%, or $1,155 annually.
As the property is within a redevelopment area, the $1,155 would be entirely tax increment money and an annual loss
the City's Redevelopment Agency.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
The action will result in a reduction in annual Redevelopment property tax revenue of approximately $1,155
ENVIRONMENTAL REVIEW:
Not subject to CEQA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
N/A,
ATTACHMENTS:
I. Location Map 4. Site Photos
2. Mills Act Contract 5. List of current Mills Act properties
3 Application 6. Resolution
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