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HomeMy WebLinkAbout135-07 ,RESOLUTION NO. 135-2007 APPROVING A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE OWNERS OF THE "SHUEY -PODV A HOUSE" LOCATED AT 100 SCHOOL STREET (APN: 208-025-001) WHEREAS, Two Twenty Two LLC, the owners of the subject property, have requested approval of a Mills Act Historic Property Preservation Agreement for the "Shuey-Podva House"; and . WHEREAS, the subject site is located at 100 School Street and is further identified as Assessor's Parcel Number 208-025-001; and WHEREAS, on October 18, 2005, the Danville Town Council approved the "Shuey- Podva House" Heritage Resource designation and the Historic Preservation Incentives to include the owners' participation in a Mills Act Historic Property Preservation Agreement; and WHEREAS, the Mills Act was established by the State of California as an incentive for' property owners to preserve pistoric properties by means of reducing property taxes; and WHEREAS, the Mills Act Historic Property Preservation Agreement is attached hereto and marked as Exhibit 1 of Attachment A' and .. ....-.-----------_____....._._____m . .__.___..__L_....__________________--- .._....___._______________...______.___._______ WHEREAS, the public notice of this action was given in all respects as required by law; . and WHEREAS, a staff report was submitted to the Town Council recommending that the Mills Act Historic Property Preservation Agreement be approved;'and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it . '.. RESOLVED that the Town Council of the Town of Danville hereby approves the Mills Act Historic Property Preservation Agreement and that the Danville Town Council hereby authorizes the Town Manager to make amendments to the Mills Act Historic Property Preservation Agreement with Two Twenty Two LLC in the form as lodged with the City Attorney, together with such changes as may hereafter become necessary, provided such changes do not materially increase the obligations of the Town thereunder. APPROVED by the Danville Town Council at a regular meeting on November 20, 2007 by the following vote: ' . r : A YES: NOES: . ABSTAIN: ABSENT: Shimansky, .Andersen, Arnerich, Stepper None None Doyle APPROVED AS TO FORM: ~f3 ~'") CITY ATTORNEY '1r7~ K. At. ~ r.J.. YOR . . /""""""l.------.j ATTEST: .. END OF DOCUMENT PAGE 2 OF RESOLUTION NO. 135-2007 1 I c. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: .!!~~llIll1lmIIlIII/III111111111II1/11111 STEPHEN ~~~ ~Frder Office DOC- 2007-0 erak-Recorder Cheek Number 42521-00 :R.~dneS$day, DEe 19 0.00:: ' 2007 14:42:57 Ttl Pd $0.00 Nbr-0003948594 lJ)Om/RJ/l_ll Town of DanvilIe Planning Division 510 La Gonda Way DanvilIe, CA 94526 Attention: Catarina Kidd SEND ANOTHER COpy TO: . 13railagh Development 100 School Street Danville, CA 94526 EXHIBIT 1 OF RESOLUTION NO. 135-2007 """"""~.o..""",,,,""""'_~_ TOWN OF DANVILLE . MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into thisS-tl.::: day of 'V~2007, by and between the Town of Danville, a municipal corporation (hereinafter referred to as the . .."TQwn"). ~lliLTwQIw~lJty TWQLLCJher~in~ft~Lr~feII~~-.lQJls1h~_~QwneI'J~_____ WITNESSETH: A. Recitals. . (i) California Government Code Section 50280, et. seq. authorizes cities to enter into contracts with the owners of a "qualified historical property" to provide for the. use, maintenance and restoration. of such historical property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the "Shuey Podva House" and generally located at the street address as 100 School Street, Danville,_S::(Il:U::~E!11.t!:?_q_ 94526, Assessor's Parcel Number: 208-025-001 (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On October 18, 2005, the Town Council of the Town of Danville adopted its R-esolution-No-:129=W85-thereby-dec1aring-and-desigmrting-th-e-iiistoric-froperty-as---a-------------- Heritage Resource pursuant to the terms of Danville Municipal Code Section 32-72; ,. (iv) Town and Owner, for their mutual benefit; now desire to enter into this agreement both to protect and preserve the characteristic of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter J, Part 2, of Division 1 of the California Revenue and Taxation code. . B. Agreement. NOW, THEREFORE, Town and Owner, in .consideratioil of the mutual covenant and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on 17~ ~ 2007, 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 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement . (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial terms of this Agreement unless notice of non-renewal is mailed as provided herein and in accordance with. Government Code Section 50282. If either Owner or Town desires in . any year not to renew the Agreement, Owner or Town shall.serve written notice of noo- renewal of the Agreement On the other party in advance of the annual renewal date of the Agreement. 3. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property pursuant. to the terms of Danville Municipal Code . Section 32-72. b. Owner shall allow reasonable periodicexan:linations, by prior appointment, of the exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization and Town, as may be necessary to determine owner's compliance with the terms and provisions of this Agreement.. . 4. Provision of Information to Town. Owner hereby agrees to furnish Town with any and all information requested by the Town which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5: Cancellation. Town, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et. seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the 2 property to deteriorate to the point that it no longer meets the standards for a qualified historic property. Town may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et. seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, Town may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provision.s of this Agreement by Owner, Town shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the Town within thirty (30) days thereafter, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then Town may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including but not limited to an application to any court, state or federal for. injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. Town does not waive any claim of default by Owner if Town does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise ...... m...--provideu.for-in.-this...kgreement-or-in-T-o\vn'.s....reguiations-governingilistoric--properties...are._...._-- available to the Town to pursue in the event that there is a breach of this Agreement. No waiver by Town of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. 7. Binding Effect of Agreement. The Owner hereby subjects the' Historic Property described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. Town and Owner 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 the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion hereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. Town 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 .___.w~_. __ _" _~_____~"'.'_.___~ that Owner's legal interest in the Historic Property is rendered less valuable thereby. Town and Owner hereby further declare their understanding and intent that the benefit of such 3 covenants; reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. To Town: Town of Danville 510 La Gonda Way Danville, CA 94526 Attention: Planning Division To Owners: Branagh Development 100 School Street Danville, CA 94526 9. General Provision. a. None 'of the terms, provisions or conditions of this Agreement shall be ..... -_.~cl~~IIl~d...l.Q....create_JL.partnership~eJween.Jhe..p.arties~eLeto_and_alLY_Qf..theirheirs~_sllC.c.essors_._._......_. or assigns, nor shall such terms, provisions or conditions cause them to be considered joint venturers or members of any joint enterprise. b. Owner agrees to and shall hold Town and its elected officials, officers, agents and employees harmless from liability for damage or claims for daIIlage for personal injuries, inclllding death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the use, operation and maintenance of the . Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the Town prepared, supplied. or approved the plans, specifications or other document for the Historic Property. c. All of the agreements rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall endure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns herein, persons acquiring any part or portions of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained 4 herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in additions to court costs and other relief ordered by the court. e. In the event that any of the provisions of this Agreement 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 affected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 10. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Contra Costa. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. . IN WITNESS WHEREOF, Town and Owner have executed this Agreement on p~ g ,2007. TOWN OF DANVILLE ..~........_-t--- Dated: )15/17 B - Dated: \'2.-/)/07 By C2~~ Peter Branagh, Owner Two Twenty Two LLC APPROVED AS TO FORM: 00< 13 ~ Robert Ewing, City Attorn1 (Attach Notarial Certificate) __'~____~___.n_.." .______.._._____..._.....________._~__________._~____._._n_.'_.._~___._~___.______.______~___.__._....__~___~_.....________.____._ 5 CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of califojPja. _ () County of ltY1tYa CQt5TcL }ss Date personally appeared [jIpersonally known to me tr proved to me on the basis of satisfactory evidence reo - t.\M A. GLASS}' -1 eommlll'on # 1710594 j . Notary PubJIc . Ca'lfOlnl. a I I -.' Contra Cotta County . li W ~ ~. J fttt~Wh.~. ~n.aon.1 - '"' - 1fI._ ~. 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. 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 anomer document Description of Attached Document Title or Type of Document: \-\\t~::>1-Dri(" PYO~ W.Q~JCt trCr1 R5y'.QQ nt Document Date: ,;:;)- 5 - &:1'') 1 Number of Pages: (0 Signer(s) Other Than Named Above: Yeief 'br-aJ\(l...<(jh Capacity{ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here ---.-------SjQJ:ler---ls~epr-esentjng: @ 1999'National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313w2402. www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CALIFORNIA County of CONTRA COSTA }ss On November 18. 2011 before me, TREV A HARMON, NOTARY PUBLIC, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared PETER W. BRANAGH Name(s) of Signer(s) o personally known to me [W'j5roved to me on the basis of satisfactory evidence f~:r ~ ~ - - t ~ - A A ~ A - ~'-l .. VA HARMON '.' . CommtaIon tl17801. 72 i. · Notatv PubIc . CGIIfomIa I .' . . . ContJo Costa County .. ~l Ji ....................... . .P.tiCamm.---....... I ...... . .' - jj. ~ ~ ~ - - - - - J - ~ _ I.. Ill.. to be the person(s) whose name~ is/are' subscribed to the within instrument and acknowledged to me that he/sbeftbey executed the same in his/hef7i:!J.eir authorized capacity(i~, and that by his/h~peir sigriature(91"on the instrument the person~), 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: Exhibit 1 of Resolution No. 135-2007 Historic Property Prese Document Date: . nAr.AmhAr 3, 2007 Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: PFTFR W RRANAGH . Top of thumb here o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact . 0 Trustee o Guardian or Conservator o Other: MANAGING PARTNER Sigl'ler-ls-aepr.esentil'lg' ~Q lwe-Ilty Two LLC @ 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 ~. EXHIBIT A DESCRIPTION: The land referred to herein is situated in the State of California, County of Contra Costa, City of Danville, and is described as follows: THE NORTHERLY 60 FE;ET OF lOTS 1. AND 2 IN BLOCK 5, AS DESIGNATED ON THE MAP ENTITLED, "MAP OF DANVILLE, CONTRA COSTA CO., CAL" WHICH MAP WAS FI~ED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, .ON AUGUST 12,1891 IN VOLUME C OF MAPS, AT PAGE 47 1/2, DESCRIBED AS FOL~OWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF HARTZ AVENUE WITH THE WEST LINE OF SCHOOL STREET, THENCE FROM SAID POINT OFBEGINNING SOUTHERLY AlONG THE WEST LINE OF SCHOOL STREET 60 FEET, THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF HARTZ AVENUE 100. FEET TO THE LINE BETWEEN LOTS. 2 AND.3 IN BLOCK 5, THENCE NORTHERLY ALONG SAID LINE 60 FE;ET :TO THE SOUTH LINE OF HARTZ AVENUE, THENCE EATERL Y ALON$.S.~.,b.:$oUTH UNE 100 FEET TO THE POiNT OF BEGINN1NG. APN: 208-0Zs:.001 i I I I i _____ w.~_ i I i I ! END OfDO~UMEtlT . ,! Page 3 Order No.: 56901-56700090-CAM I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and correct copy of To Council Resolution No. 135-2007. "'