Historic Property Preservatiion Agreement - Mills Act Contract25412971 o
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
EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §27383
(APN: 412-05-063)
Regina Alcomendras - " II Santa Clara County - Clerk -Recorder I
12/07/2022 11:39 AM
FEB - 2 u'3
Titles: 1 Pages: 12
Fees: Joe.
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Total: 0.00 CITY CLERK'S OFFICE
mill MFMP �"J Ir'ANINK 111ill?W01,
(Space above this line for Recorder's Use)
HISTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
This Agreement is made this Cn*14-day of December, 2022, by and between the City of Campbell,
a general law city and municipal corporation ("City") and Douglas Fournier and Rebecca Fournier
("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 81 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
81 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 &tk 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
81 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 remedy available
Historic Property Preservation ("Mills Act") Agreement Page 4 of 7
81 Alice Avenue
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 Properly; 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
81 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: Rebecca and Douglas Fournier
81 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
81 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 By 1447ka �0�wl- j
Brian Loventhal, City Manager Andrea Sane s, City Clerk
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) IS REQUIRED
ACKNOWLEDGMENT
Fblic 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„1 -�
ate before me, \.,, 1�
(insert name and title of -the office )
personally appeared �•,f �r, - `1n \
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 THOMASON
,- Notary Public - California
Santa Clara County
Commission R 2288334
My Comm. Expires May 12. 2023
(Seal)
ACKNOWLEDGMENT
[atta
notary public or other officer completing this
rtificate verifies only the identity of the individual
o signed the document to which this certificate is
ched, andnot the truthfulness, accuracy, or
idit of that document.
State of California
County of
On U ',.3 before me,
(insert name and title of the officer
personally appeared P\w\, \ ; r c `
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.•......✓.
JOANN THOMASON
Notary Public - Caiifornia
Santa Clara County
Commission , 2288334
Signature (Seal) My Comm. Expires May 12. 2023
Historic Property Preservation ("Mills Act") Agreement Page 7 of 7
81 Alice Avenue
OWNERS:
011
ACKNOWLEDGMENT FOR ABOVE SIGrfATOR(IES) IS REQUIRED
See Attached Certificate
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer donipleting 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 S c, �-
On �Y to, 2,722 before me, ���' F- (^
(Here insert name and title of the officer)
personally appeared povu AA fl, r vv i2-r-�tcci :7 ,
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.
WA SS thd d official seal. FERNANDO F. CROCE
Notary Public . Caiifornia
\ \_v _ ) Santa Clara County g
-7Commission ; 2384698
my Comm. Expires Dec 24, 2025
Notary Public SI ure (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
C (-IvywLs PC-, i AVCOMW-V-
(Title or description of attached document continued)
Number of Pages T Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complies with current California statutes regarding notary wording and,
ifneeded,, should be completed and attached to the document. Acknowledgments
from other states may be completed,/or documents being scant to that state so long
as the wording does not require the California notary to violate California notarn
law.
• State and County information must be the State and County where the document
sigmer(s) personally appeared before the notary public for acknowledgment.
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Order No. : 554791-JEC
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to is situated in the State of California, County of Santa Clara,
City of Campbell, and is described as follows:
LOTS 38 and 39, as delineated upon that certain Map entitled "MAP OF THE HYDE
RESIDENCE PARK", filed for record in the Office of the Recorder of the County of
Santa Clara, State of California, on July 12th, 1915 in Book 0 of Maps, at Page 79.
412-05-063
10 041
SH/LA/dot
A413-5-83
Work Task
New Roof
address dry rot in attic
Roof maintenance
repair stucco
Exterior window trim paint
Basement sealing
Termite damage
Termite treatment
Exterior wall upgrade
81 Alice Avenue
Work Description
Type of Work
(maintenance, repair, etc.)
replace leaking roof
replace/repair leaks
replace wood damaged by water
repair rotten wood
clean flat roof monthly
maintenace
repair cracks and missing stucco
repair
repair and repaint trim windows and doors
repair
due to radon in the ground
seal basment floor and walls
replace wood damaged by termites
repairs
chemical treatmet to stop termite damage
professional termite treatment
part of the front of our home has no wall insu
repair / modern stadard
Reccouring?
Anticipated Start Year
Estimated Cost
(e.g., yearly)
(e.g., 'Year 1,' 'Year 5'
(10-Years)
15-20 year
2021
$ 44,913,00
none
2021
$ 4,000.00
Monthly
2021
$ 5,500.00
10 year
2021
$ 1,600,00
5years
2021
$ 11,520.00
none
2021
$ 6,000.00
10 years
2022
$ 4,800.00
when needed
2022
$ 3,800.00
none
2022
$ 4,500.00
$ 86,633.00 Total