Mills Act Contract - 75 N Second St - 2015
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
1, .~ .
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DOCUMENT: 2309`I~su7
Pages 12
Fees.... 63.00
Taxes...
Copies.. __
AMT PAID 63.09
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
RDE # Oe3
9/28/2015
1245 PM
(APN: 279-39-036) (Space above this line for .Recorder's Use)
HISTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT") .
This Agreement is made this -- day of ~~ ; • • , 2015, by and between the,City of
Campbell, a general law city and municipal corporation ("City") and Mathew J. Lord ("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 75 N. 2°d Street,
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 1984, the City Council designated the Historic Property as an Historic Resource
pursuant to the ternis 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 taxes resulting therefrom.
TERMS
NOW, THEREFORE , the City and Owner, in consideration of mutual covenants and
conditions set forth herein, do hereby agree as .follows:
• T~TLSTORIC PROPER i"Y PRE~ERVAl'ION AGR~MENT' ~ "MII_„LS ACT CONTRACT"
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 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 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 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
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 snore than fifty percent (50%) of the original fabric of -the structure must be
replaced, this Agreement shail 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.
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' ~~ISTORICPROPERTYPRESERVAI'IONAGREIIVIII~IT.,,"MII.LSACTCONTRACT"
govenunent agency, arising out of or incident to (i) the direct or indirect use, operation, or
maintenance of the Historic Property by Owner or ariy 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. Leal 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.
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.
21. Goveniin~ 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.
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