Mills Act Contract - 226 Alice Ave - 2017f ``
Recording 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
(APN: 412-04-071)
(Space above this line for Recorder's Use)
HISTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
This A reeinent is made this ~~ ~~` da of ~ l~°.~ 2016 b and between the Cit of
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Campbell, a general law city and municipal corporation ("City") and RoUert Nicoletti ("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.. Owners hold fee title in and to that certain real property, together. with associated
structures and improvements thereon, generally located at the street address of 226 Alice
Avenue, 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 1987, 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 Owners 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. Owners, 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 taxes resulting therefrom.
HISTORIC PROPERTY PRESERVATION AGREEMENT ~ "MII ,LS ACT CONTRAC`I"
TERMS
NQW, THEREFORE ,the City and Owners, in consideration of mutual covenants 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 2016 ("Effective Date") and shall remain in effect for a minimum
term often (10) years hereafter.
2. Yearly Renewal: Each year 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 Owners or City desire in any year not to renew this
Agreement, Owners or City shall serve written notice of nonrenewal upon the party in advance
of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective
only if served by Owners upon City at least ninety (90.) days prior to the Renewal Date, or if
served by City upon Owners, the Notice of Nonrenewal shall be effective' only if served upon
Owners at least sixty. (60) days prior to the Renewal Date. If either City or Owners serves a
Notice of Nonrenewal 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. ,Owners Protest of City Nonrenewal: Within fifteen (15) days of Owner's receipt of
the Notice of Nonrenewal from City, Owners 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. Owners may furnish 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. Owners shall preserve and maintain the characteristics of the cultural and
historical significance of the Historic Property. In Addition, Owners 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 maintain its historical and
cultural significance.
B. Owners 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 Parks and Recreation, Secretary of the
Interior's Standards for the Treatment of Historic Properties, the State Historical
Building Code, and the City of Campbell.
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HISTORIC PROPERTY PRESERVATION AGREEMENT ~ "MILLS ACT CONTRACT"
C. Owners 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.
D. Owners 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: Owners hereby agrees to furnish City with
any and all 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 Curer If Owners breaches any provision of this
Agreement; City may give written notice to Owners 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 date 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
Owners 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 Owners breached any of the conditions of the Agreement,
Owners allowed the Historic Property to deteriorate to the point that it no longer
meets the standards for a qualified historic property, or Owners failed to maintain
and preserve the Historic Property in accordance with the terms of this
Agreement. If this Agreement is cancelled, under this paragraph, Owners shall
pay a cancellation fee to the Office of the Auditor for the County of Santa Clara,
as required. by Government Code section 50286.
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HISTORIC PROPERTY PRESERVATION AGREEMENT ~ "MILLS ACT CONTRACT"
C. Alternative Remedies: As an alternative to cancellation of this Agreement for
Owners'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 (50%) 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 acquired 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.
10. Waiver: City does not waive any claim of default by Owners 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: Owners hereby subjects the Historic Property to the
covenants, conditions, and restrictions set forth in this Agreement. City and Owners 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 Owners 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 Owners 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 Owners.
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:
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HISTORIC PROPERTY PRESERVATION AGREEMENT "MILLS ACT CONTRAC"T"
City: City of Campbell -
Community Development Department
Planning Division
700 North First Street
Campbell, CA 95008
Owners: Robert Nicoletti
226 Alice Avenue
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: 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 by administrative action of any federal, state, or
local government agency, arising out of or incident to (i) the direct or indirect use., operation, or
maintenance of the Historic Property by Owners 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, cancellation, 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 or 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 all reasonable attorneys' fees to be fixed by the court, in addition to
court costs and other relief ordered by the court.
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HISTORIC PROPERTY PRESERVATION AGREEMENT ~ "MILLS ACT CONTRACT"
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: Owners or agent of an owners 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.
21. 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 Califorriia, and the parties hereby waive all provisions of law providing for a change in venue
in such proceedings to any other county.
IN WITNESS WHEREOF, City and Owners have executed this Agreement on the day and
year first above written.
City of Campbell:
By -~
Brian Lowenthal, City Manager
ATTESTS TO:
By ..tom
Wendy o d, City Clerk
OWNER:
Robert Nicoletti, Owner
Notarized Signatures Required
November 21, 2016 City Clerks OS'fice
Robert Nicoletti
226 Alice Avenue
Campbell, CA 95008
Dear Mr. Nicoietti:
At its regular meeting of November 15, 2016, the Campbell City Council held a
public hearing to consider your request for approval of a MiNs Act Contract for
property in the Alice Avenue Historic District located at 226 Alice Avenue.
After public testimony and due consideration, the City Council took action to
adopt Resolution 1207$ authorizing the City Manager to enter into a Mills Act
contract with fhe you, the property owner of 226 Alice Avenue.
A certified copy of Resolutian No. 12078 is enclosed.
Please be advised the time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure,
unless another statute (such as California Government Code Section 65009 or
some other applicable provision of law) sets forth a more specific time period.
Please do not hesitate to contact this office (408) 866-2117 or Cindy McCormick,
Senior Planner, Community Development Department (408) $66-2140, should
you have any questions regarding the City Council`s action.
Sincerely,
Wendy ood
City Clerk
enc.
cc: Cindy McCormick, Senior.Pianner
RESOLUTION N0.12078
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A MILLS ACT HISTORIC PRESERVATION CONTRACT 1=0R 226
ALICE AVENUE AND DIRECTING THE CITY MANAGER TO EXECUTE SAiD
CONTRACT WITH THE PROPERTY OWNERS
WHEREAS, on October 4, 2011 the City Council of the City of Campbell adopted Resolution
11333 establishing the Mills Act Historic Property Incentive Pilot Program for historic residential
properties; and
WHEREAS, approval of a Mills Act Historic Preservation Contract is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31, ,pertaining to
projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of
historical resources,. provided that the activity meets published federal standards for the treatment of
historic properties.. These federal standards describe means of preserving, rehabilitating, restoring,
and reconstructing historic buildings without adversely affecting their historic significance; and
WHEREAS, there is na evidence that this contract would result in any significant negative
environmental impact; and
WHEREAS, California Government Code, Section 50280 et seq., and• California Revenue
and Taxation Code, Section 439 et seq., authorize the City of Campbell to enter into contract with
owner(s) of qualified historical property; defined as property that is (a) located entirely within the City
of Campbell; (b) is privately owned; (c) is taxed as residential property; and (e) is individually listed
on the City of Campbell's adopted Historic Resource Inventory List, to restrict the use of the property
in a manner which the City deems reasonable to carry out the purposes of the relevant state
regulations; and
WHEREAS, the Mills Act program allows private property owners of qualified historic
property to receive property tax ~ relief in exchange for agreeing to preserve, rehabilitate, and
maintain their historic properties for a specific period; and
WHEREAS, on October 26, 2016 the City of Campbell Historic Preservation Board
unanimously supported a Mills Act Historic Preservation Contract for 226 Alice Avenue.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby
approves a Mills Act Historic Preservation Contract for 226 Alice Avenue and directs the City
Manager to execute said contract with the property owners.
PASSED AND ADOPTED, this 15th day of November, 2016 by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT; COUNCILMEMBERS; Bakerj