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Mills Act Recorded Agreement - 2013Recording Requested By: City of Campbell When Recorded Mail To: City of Campbell Planning Division 70 N. First Street Campbell, CA. 95008 For the Benefit of City of Campbell DOCUMENT: 22513161 Pages 12 Fees.... 5.00 Taxes... Copies.. AMT PAID 5.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 026 2/05/20!4 201 PM (Al'N: 305-33-095) (Space above this line for Recorder's llse) HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") This Agreement is made this ~ `""' ~ day of ~~ Jt? rYlbe t, 2013, by and between the City of Campbell, a general law city and municipal corporation ("City") and James E. Fuller {"Owner"). RECITALS 1. California Government Code section 50280, et. seq. allow cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance„ protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner hold fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address of bl Catalpa Lane, Campbell, California ("Historic Property"}. A legal description of the Historic Property is attached hereto as Exhibit A and incorporated herein by this reference. 3. In 19$4, the City Council designated the Historic Property as an Historic Resource pursuant to the terms and provisions of Title 21 of the City of Campbell Municipal Code. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historic significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Part 2, Chapter 3, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taaces resulting therefrom. TERMS NOW, THEREFORE , the City and Owner, in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: HISTORIC PROPERTY PRESERVATION AGREIIVIENI' ~ `BLS ACT COIV1ItACT" 1. Effective Date and Term of A Bement: This Agreement shall be effective and commence on November , 2013 ("Effective Date") and shall remain in effect for a minimum term often (10) years hereafter. 2. Yearly Renewal: Each yeaz upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal: If either the Owner or City desire in any yeaz not to renew this Agreement, Owner or City shall serve written nonce of nonrenewal upon the parry in advance of the Renewal Date {"Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (9d} days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewa[ in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred). 4. Owner Protest of City Nonrenewal: Within fifteen { 1 S) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement or such later date as the parties may mutually agree. Owner may famish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. Standards of 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 the cultural and historical significance of the Historic Property. In Addition, Owner shall comply with the terms of the City's Historic Preservation Ordinance (Title 21, Chapter 21..33), and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintaiun its historical and cultural significance. B. Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Pazks and Recreation, Secretary of the Interior's Standazds for the Treatment of Historic Properties, the State Historical Building Code, and the City of Campbell. C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit B, which is incorporated herein by this reference. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City of Campbell Historic Design Guidelines for Residential Buildings. HISTORIC PROPERTY PRESERVATION AGR>~1VIENT M `~..LS ACT GON'IRACP' D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of--way. 6. Interior and Exterior Inspections: Prior to approval, execution and recordation of this Agreement, and every five years thereafter, the City shall inspect the interior and exterior of the premises to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance: Owner hereby agrees to furnish City with any and ail information requested by the City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 8. Breach of Agreement; Remedies: A. Notice of Breach,• Opportunity to Cure: If Owner breaches any provision of this Agreement; City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the daze of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy -Cancellation: City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50286, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of Santa Clara, as required by Government Code section 50286. C. Alternative Remedies: As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property;_Eminent Domain• Cancellation: If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than fifty percent (SO%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquixed in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. HIS[bR1C PROPERTY PRFSERVATION AGR7~EME'NT ~ "NIII~S ACT CONTRACT" 10. Waiver: City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any of other subsequent breach thereof or default hereunder. 11. Binding Effect of Agreement: Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, conditions, reservations, and restrictions that are set forth in such contract, deed or other instrument to this Agreement. 12. Covenants Run with the Land: City and Owner hereby declare their understanding and intent that the burden of the covenants, conditions, reservations, and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, conditions, reservations, and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. 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: City: City of Campbell Community Development Department Planning Division 700 North First Street Campbell, CA 95008 Owner: James E. Fuller 61 Catalpa Lane Campbell, CA 95008. 14. Effect of Agreement: None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered members of any joint enterprise or venture. 15. Indemnity of City: Owner 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 by administrative action of any federal, state, or local HISTORIC PROPERTY PRESEdZVATK?N AGREEMENT ~ "MIX.iS ACT CONTRACP' government agency, arising out of or incident to {i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; {ii) Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of Title 21, Chapter 21.33 of the City's Municipal Code, or from the enforcement of this Agreement. 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. Owner's obligation to indemnify shall survive the termination, canceIlation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 16. Binding Upon Successors: All of the agreements, rights, covenants, conditions, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assignees, and all. persons acquiring any part ar portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs: In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions, restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover atl reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 18. Severability: 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 effected thereby. 19. Recordation: Owner or agent of an owner shall record the contract with the County of Santa Clara within thirty (30) days of entering into the contract. 20. Amendments: This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 2 i . Governing Law and Venue: This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the County of Santa Clara, State of California, and the parties hereby waive all provisions of law providing for a change in venue in such proceedings to any other county. HLSTORIC PROPERTY PRESQtVAT10N AG~~'sEMENT ~"MILLS ACT CONTRACP' T[V WITNESS WHEREOF, City and Owner have executed tbas Agreement on the day and year first above written. City of Camp 11: , BY ~ ~ ~_ Mark L' de , ATTESTED TO~ By Annc ,City Clcrk owNEx: ... ~ . ,, __ ~ _ James E Fuller Notarized Signatures Required FABIANA L LANG '` Comr.-iasion #~ 2032105 ~;-.: Notary Public -California s Santa Clara County M Comm. Ex tres Jul 2. 2017 ~'/l~ ~C~'~ ~G \~ ~'~ ~' ,/ ' ~'y°.~. SHERRIE DOHERTY `~J~~~~~~~~~'~ ~J ~~//~ \ '_~ _ Commission ~ 1970329 \) ~ ~'~ Notary Public -California ~ Santa Clara Count ~ ~ ~ ~'~ ~~~~~~ ~ ~ ~ y ~iJi/~~ ~'_~ M Comm. Ex ires Mar 21, 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT dw~ rnnF s „Ra State of California County of }~ n ~v C/C~t / ~~ On lL ~' 7 ~3 before me, 't"GI ~ ca r') cry 1 . L~. r~ c Date Here Insert Name and Ti the Officer ' personally appeared .~ a h1c' - ~ . rZt~/F.~ Name(s) of Signer(s) 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 FABIANA L LANG paragraph is true and correct. Commi::ions 2032105 Notary Public - Caebrnia ~ WITNESS my hand and official seal. Santa Clan County = ~- MComm. Ex fires Jul 2. 2011' ~`~ Signatur ~t 1 Place Notary Seal Above ~ .,,,. Signature ry Pu, is OPTIONAL Though the information below is not required by law, it may prove valuable persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument ,) `~ Title or Type of Document: ~~~(J 1~~( j)F/`~ f''r ( ~/c~ ~j~~~r~~ /T~~~ GC n is ~ l f Document Date: f l ~ 1 ~f~~ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: err n~,es ~ . f"t,~~>''rr~ Corporate Officer -Title(s) individual Partner - ° Limited 'General Attorney in Fact ~:: Trustee L I Guardian or Conservator Other: Signer Is Representing: Signer's Name Corporate Officer -Title(s): Individual Partner - ' i Limited _ General Attorney in Fact !Trustee - Guardian or Conservator Other: Signer Is Representing: ,J / i~ Number of Pages: - ~~-~ ~•U.~~~~~.~ ~~.~<<<~y .-,oov~.iauvir - ~vauvrian vvtcli y. urcJ. I-tSUU-VJ (VVIHhiY (7-2fUU-cY/f7~-b~b'~/) Item #597 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~~//~a- ~ ~l~/C~ CIVIL CODE § 1789 ~ ~, On / G!i" ~ ,~/~ before me, ~ ~~ ate ~/~ personally appeared / "/~iQ ~/ ~/'%/'~' ~ ~~/~~~/~~c. /~ ~~'J~ '~/ ~~ ~~`- G Here Insert Name and Title of the Officer ~~~~~~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(}-whose names} is~aca_ subscribed to the within instrument and acknowledged to me that he/s4~e{t}~e~r- executed the same in his/herftheir authorized capacity(ies.~ and that by his/he~etr signature(s)- on the instrument the ,,,.. SNERpIE DOHERTY Commission #~ 1970329 person(S}, or the entity upon behalf of which the "~' Notary Public -California person(s}•acted, executed the instrument. Santa Ctara County + Comm. Ex 'res Mar 2t, 2016 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 seal.~,l Signatur ~ r/`yL-~- J ~~: Place Notary Seal Above Signature of N ary Public ~ OPT/ONA 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 Doc~uJm~ent:~~~ 1.L1 ~/~iC- //~Lr~' ~~ ~'.~'/ G Lt~L / ~.'7~j'`/`f~`1i~%I~ Document Date: ~%G`,'lf~jh~/_ /~~/ ~~%:~ Number of Pages:^- % '~+~tcer(s) Other Than Named Above: Claimed by Signer(s) Signer's Name: Corporate Officer - Individual Partner - : ;Limited f 'General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: l l Corporate Officer -Title(s): -' Individual U Partner - ~~~-Limited Cl General L ;Attorney in Fact Guar ~ or Conservator f ;Other: Signer Is Representing: © 2010 National Notary Association • NationalNOtary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Exhibit A Exhibit A to be provided by Property Owner from Title Report Exhibit B ~,; c c o c 0 0 o Y a y `4 L c~ v y v 3 3 w ~ .a ~ ~ 4= ~ ~ -a z o 0 v^ -o 0 z Z z ° z - ~ io m r-Lo ~ ~ ~ tin m '"' J L ~'i {~,. ~i u L ~ v L u u I... ~ u L u L ~ ~ ~ ~ am ~ am ~ ~ ~ ~ y . 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