Historic Property Preservation Agreement - Mills Act ContractRecording 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
EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §27383
(APN: 412-04-069)
254129'
Regina Aleomen
Santa Clara Coun
12/07/2022 11:
Titles: 1
Fees: 0.00
Taxes: 0
Total: 10.00
dr
ty 1 rk-Recorder
39 F E B - 2 2023
Da yes: 13
CITY CLERK'S OFFICE
mill KFAU 11174
(Space above this line for Recorder's Use)
HISTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
This Agreement is made this (�k day of December, 2022, by and between the City of
Campbell, a general law city and municipal corporation ("City") and Kornel Kovacs and Marie
Audrey Jasinsky ("Owners").
RECITALS
1. California Government Code section 50280, et. seq. allow cities the discretion to
enter into "Mills Act" 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. The City Council authorized granting of such
contracts by adoption of Resolution No. 11776 on February 3, 2015.
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 204 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. On September 7, 2021, the City Council adopted Resolution No. 12756 authorizing
the City Manager to enter into a Mills Act contract with the Owners of the Historic Property,
with amended terms as specified by Resolution No. 12903, adopted on October 18, 2022.
4. In 1984, 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.
5. 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.
6. 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
Historic Property Preservation ("Mills Act") Agreement Page 2 of 7
204 Alice Avenue
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 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 the (ov.,day of December, 2022 ("Effective Date") and shall remain in effect for a
minimum term of ten (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 Owners' 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.
Historic Property Preservation ("Mills Act") Agreement Page 3 of 7
204 Alice Avenue
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. Annual Reports: Owners shall annually submit to the City of Campbell Planning
Department an annual report, invoices, photos, and other evidence which documents how the
owners are satisfying the terms and provisions of their individual Contract, including but not
limited to the 10 Year Maintenance Schedule (Exhibit B). The City will provide the owners with
a template for annual reporting. An annual monitoring fee established by the City Council may
be required to be submitted with the annual report.
7. Annual Assessors Report and Reassessment: Owners shall annually submit to the
City of Campbell Planning Department a copy of the report provided to the County Assessor
indicating how the Maintenance Schedule is being adhered to. The Owners shall also provide the
City of Campbell with an annual copy of the homes property tax bill, including any reassessment
thereto.
8. Interior and Exterior Inspections: Prior to approval, execution and recordation of this
Agreement, and every five (5) years thereafter, or such shorter term as the City may determine is
reasonably necessary to ensure compliance with this Agreement, the City shall inspect the
interior and exterior of the premises to determine Owners' compliance with the terms and
provisions of this Agreement. Owners shall permit such inspections, provided that the City
provides at least ten (10) days advanced written notice to Owners at the address set forth in
section 15 of this Agreement.
9. 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.
10. Breach of Agreement; Remedies:
A. Notice of Breach; Opportunity to Cure: If Owners breaches any provision of
this Agreement; City may give written notice to Owners by registered or
certified mail detailing Owners' 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 Owners' breach, City may pursue any
Historic Property Preservation ("Mills Act") Agreement Page 4 of 7
204 Alice Avenue
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 50285, 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.
C. Alternative Remedies: As an alternative to cancellation of this Agreement for
Owners' 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.
11. 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.
12. 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.
13. 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 Owners' 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.
Historic Property Preservation ("Mills Act") Agreement Page 5 of 7
204 Alice Avenue
14. 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. As such, the provisions of this Agreement shall be binding upon,
and inure to the benefit of all successors in interest of the owner; and a successor in
interest shall have the same rights and obligations under the contract as the original
owner who entered into the contract.
15. 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 Director
70 N 1 st Street
Campbell, CA 95008
Owners: Kornel Kovacs and Marie Audrey Jasinsky
204 Alice Avenue
Campbell, CA 95008
16. 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.
17. Indemni , 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) Owners' 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. Owners' 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.
Historic Property Preservation ("Mills Act") Agreement Page 6 of 7
204 Alice Avenue
18. 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.
19. 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.
20. 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.
21. 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.
22. Amendments: This Agreement may be amended, in whole or in part, only by
written recorded instrument executed by the parties hereto.
23. 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.
IN WITNESS WHEREOF, City and Owners have executed this Agreement on the day and
year first above written.
CITY OF CAMPBELL: ATTESTED TO:
By k By JM-a& Cn4Z
Brian Loventhal, City Manager Andrea S Vers, City Clerk
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) IS REQUIRED
ACKNOWLEDGMENT
Ftahed,
blic or other officer completing this
erifies only the identity of the individual
the document to which this certificate is
nd not the truthfulness, accuracy, or
at document.
State of California
County of__ -z, n -, l t C�'— )
Ong _P vti1V\' C QG 1 before me,
(insert name and title of the office )
personally appeared
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.
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.
Signature
4 JOANN THOMASON
Notary Public - Cailforni.
Santa Clara County
Commission # 2288334
My Comm. Expires May 12. 2023
(Seal)
ACKNOWLEDGMENT
Fnota blic or other officer completing this
erifies only the identity of the individual
the document to which this certificate isnd not the truthfulness, accuracy, or
at document.
State of California
County of
On C; U u -L) before me,
(insert name and title of the officer,
personally appeared
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.
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.
Signature
JOANN THO MASON
No Public California
Santa Clara County
Commission # 2288334
My Comm. Expires play 12 2023 >
(Seal)
Historic Property Preservation ("Mills Act") Agreement
204 Alice Avenue
Page 7 of 7
OWNERS:
Kornel Kov cs ie Au ey Jasinsk
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) IS REQUIRED
See Att
Jura Ack
See Atta d
Jurat k
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara )
On 11 i lal�-L- before me, Navp Sagun, Notary Public
(insert name and title of the officer)
personally appeared Korhel kUyaLS
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 seal. !1 nuwPsnGUN
CM. * 2401W
NOTpApR��Y��P♦♦U//ByyL��IC�� ��•/ C/yApU FOR MA
•71� A CUM COJN N
MY COMM. EXP. APRIL 21 2026
Signatu
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On j(/(0j22 before me, Navp Sagun, Notary Public
(insert name and title of the officer)
personally appeared ewfe, SiM-s ,
who proved to me on the basis of satisfact evidence to b e 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 seal.
(Seal)
NAVP SAGUN
COW. * 24016M
NOTARY PUBLIC • CALIFORNIA
SWA C" COUNTY
MY COMM. EXP. APRIL 21. 2026------------
Exhibit A
THE REAL PROPERTY IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 21, AS SHOWN UPON ON THAT CERTAIN MAP ENTITLED "MAP OF THE HYDE RESIDENCE PARK", WHICH
SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, ON DULY 12, 1915 IN BOOK "0" OF MAPS, AT PAGE 79.
APN: 412-04-069
204 Alice Avenue
Work Task
Work Description
Architectural Trim Replace
Replace missing and or damaged trims. Use custom trims matching existing original trim work.
Structure Repair or Replace
Remove damaged gable sheeting, repair dryrot, custom make new sheeting and install it
Architectural Trim - Install New
Custom build new shutters, matching the old original ones what was removed due to excessive damage
Chimney - Rebuild or Repair
Rebuild chimney (Has been inspected, it has cracks and deemed dangerous, potentially fatal to use)
Chimney - Inspect and Clean
Bi annual maintenance for safe operation
Column - Replace or Rebuild
Replace damaged gable columns
Door - Repair
Replace old front door special seal and prep and paint door and trim. Install new front door lockset.
Drainage Protection and Correction
Install french drain on the back and side of house, to keep water away from foundation.
Dry -Rot Remove, Repair and or Replace
Replace damaged siding
Insulation - Walls - Blown -in
Under floor insulation and seal to prevent rodent and moisture intrusion
Painting - Exterior
Prep, primer and complete paint exterior.
Porches - Resurface
Finish front porch surface with brick file to match front entry walkway
Roof - strip and Install New
Install new HPB approved (expensive) composition roof. Cost $35207 monthly payment for ten years $350
Termite Treatment
Termite inspection and spot treatment
Annual Maintenance
Gutter cleaning
Remove plaster and skip sheeting from two downstairs closets. Treat framing for possible mold/mildew.
Plastering -remove, replace, refinish
Closets not usable due to health risk.
Type of Work
Reccouring7
Anticipated Start Year
Estimated Cost
(maintenance, repair,
(e.g., yearly)
(e.g., 'Year 1.'Year 5'
(10-Years)
etc.)
Repair
No
Year 1
$ 3,250.00
Repair
No
Year 1
$ 5,000.00
Repair
No
Year 2
$ 1,600.00
Rehabilitation
No
Year 3
$ 17,500.00
Maintenance
Yes
Year 3, 5, 7,9
$ 1,000.00
Rehabilitation
No
Year 1
$ 2,600.00
Rehabilitation
No
Year 1
$ 2,000.00
Repair
No
Year 4
$ 15,000.00
Repair
No
Year 1
$ 5,000.00
Repair
No
Year 4
$ 6,358.00
Rehabilitation
Yes
Year 2, 10
$ 22,700.00
Rehabilitation
No
Year 1
$ 1,500.00
Rehabilitation
No
Year 0-10
$ 35,207.00
Maintenance
Yes
Year 3, 6, 9
$ 1,500.00
Maintenance
Yes
Year 1,2,3,4,5,6,7,8,9,10
$ 3,500.00
Rehabilitation
No
Year 1
$ 5,000.00
$ 128,615.00 Total