Page
1 of
8 RECORDING REQUESTED BY
CITY OF
NAPA
Exempt from Recording Fees
Government Code
27383
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF NAPA
P.O. Box 660
Napa, CA 94558
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN:
003
-
104
-
008
“MILLS ACT” HISTORIC
AL
PROPERTY PRESERVATION AGREEMENT
(Government Code Sections 50280 et seq.)
1030 Napa
Street
THIS AGREEMENT
by and between
William Gerard Maher and Felicia Diane Maher
, Co
-
Trustees of The
Maher
Family
Revokable Living
Trust
, dated February 4, 2019
(“
Owner
”), and the
C
ity of
Napa, a
California charter city
(“City”)
is effective as of the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
WHEREAS,
Owner
s
own
certain real property
, together with associated historic structures and
improvements thereon,
located at
1030 Napa
Street
, in the City of Napa, Napa County (“the Property”),
more particularly described in Exhibit “A”, attached hereto and made a part hereof; and
WHEREAS, the Property
is a “qualified historic
al
property” as defined in California Government
Code Section 50280.1; and
WHEREAS, both
Owner
s
and City desire to protect and preserve
the P
roperty so as to retain its
characteristics of historical significance;
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, declarations, covenants and agreements of the parties set forth herein, and the substantial public benefit derived therefrom, the parties agree as follows:
1. Authority
. This Agreement is made under authority of Government Code Sections 50280 et seq. (“Historical Property Contracts”).
2. Term of Agreement
. This Agreement shall be effective commencing on
the Effective Date
,
and shall remain in effect for a minimum period of ten years therefrom.
Each year on the anniversary of the
Effective Date, the
term will automatically be extended by a year as provided in Paragraph 5 of this Agreement.
ATTACHMENT 1
Page
2 of
8 3.
Limitations on Land Use
. During the term of this Agreement, the Property shall be subject to the following provisions, requirements, and restrictions:
(a)
Owners
shall preserve and maintain the
Property,
as a qualified historic property, in
no less than equal to the condition of the Property as of the date hereof.
(i.)
A Site Plan of the location of all buildings on the Property is detailed in Exhibit “B” attached
hereto
and incorporated
herein
by reference. Any
proposed work to be
performed on
the Property
, including any restoration, rehabilitation or preservation,
must be reviewed and processed
by the City
in compliance with
Napa
Municipal
Code
Chapter 1
5.52 , “Historic Preservation.”
(ii.)
Owners
shall, when necessary, restore and rehabilitate the Property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for Rehabilitati
on and the State Historical Building Code
as articulated in
the Attached
Ten Year Rehabilitation
Plan
(Exhibit “
C
”) or as confirmed through
a
Certificate of Appropriateness
approved by the City in accordance with Napa
Municipal Code Chapter 15.52
. Addition
ally,
Owners
shall provide whatever
information shall be required by City to determine the
P
roperty’s continuing eligibility
as a qualified historic property.
(b)
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
(i.)
Dilapidated, deteriorating, or unrepaired structures and components, such as fences, roof, doors, walls and windows;
(ii.)
Scrap lumber, junk, trash or debris;
(iii.)
Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, can containers, or similar items;
(iv.)
Stagnant water or excavations, including in pools or spas; and
(v.)
Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.
(
c
)
Owners
shall provide for the periodic examinations of the interior and exterior of the premises by the
Office of the Napa
County
A
ssessor, the Department of Parks and Recreation,
the State Board of Equalization,
and the City,
as may be necessary to determine the
Owner
s
’
compliance with
this
Agreement.
4. Successors in interest
.
The
Owners
hereby voluntarily subjects the 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 as set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of, all successors and assigns in title or interest
of the
Owners
.
A successor in interest shall have the same rights and obligations under this Agreement as the original Owne
rs
who entered into this Agreement.
Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, conditions and restrictio
ns expressed in this Agreement whether or not such covenant, conditions and restrictions are set forth in such contract, deed or other instrument.
ATTACHMENT 1
Page
3 of
8 5.
Renewal
.
(a)
Each year on the anniversary
of the Effective
D
ate of this Agreement one year shall
automatically be added to the term of this Agreement, unless notice of non -
renewal is given as provided in this
paragraph.
On the fifth anniversary of the Effective Date
, and every five years thereafter,
the
Owners
shall
arrange with the City
to inspect the interior and exterior of
the Property to determine the O
wners
’
continued
compliance with this Agreement.
If
Owners
or City desire in any year not to renew
this
Agreement, that party
shall serve written notice of non
-
renewal of
this
Agreement on the other party in advance of the annual renewal date of
this
Agreement. Unless the notice is served by
the
Owners
at least 90 days prior to the renewal date,
or by the City at least 60 days prior to the renewal date, one year shall automatically be added to the term of this
Agreement.
(b)
Upon receipt by the
Owners
of a notice from City of non
-
renewal,
the
Owners
may make a
written protest of the notice of non
-
renewal. City may, at any time prior to the renewal date, withdraw the notice of non
-
renewal.
(c)
If City or
Owners
serve
a
notice of intent in any year not to renew
this Agreement, this
Agreement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of
this
Agreement, as the case may be.
6. Cancellation for Breach
.
Following a noticed public hearing as required by Government Code Section 50285, City may cancel this Agreement if it determines that Owners
have
breached any of the
conditions of this Agreement, or
have
allowed the Property to deteriorate to the point that it no longer meets the standard for a qualified historic property. City may also cancel this Agreement if it determines that Owners
have
failed to restore or rehabilitate the Property in the manner specified in this Agreement . If the City
determines that performance of this Agreement has become infeasible due to damage to the Property caused by force majeure (such as flood, tornado, lightening, or earthquake), this Agreement may be cancelled upon the Owners
’
application without payment of the cancellation fee, to the extent that non -
payment is permitted by
law.
7. Cancellation Fee
.
If this Agreement is cancelled pursuant to paragraph 6 above, Owners
shall
pay a cancellation fee equal to 12 ½ % of the current fair market value of the Property, as determined by the Office of the Napa County Assessor as though the Property were free of the restrictions set forth in this Agreement. The cancellation fee s
hall be paid to the Office of the Napa County Auditor (“County Auditor”), at the time and in the manner that the County Auditor shall prescribe, and shall be allocate d by the County Auditor
to each jurisdiction in the tax rate area in which the Property is located in the same manner as the auditor allocates the annual tax increment in that tax rate area in that fiscal year.
8. Notice and Recordation
.
(a)
All notices
required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authoriz ed Representative, or (b) actual receipt at the
address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either pa rty may
modify their respective contact information identified in this section by providing notice to the other party.
To:
City
of Napa
To:
Owner
,
Attn:
Community Development
Director
City of Napa
P.O. Box 660
Napa, CA 94559
(b)
No later than 20 days after City enters into this Agreement with Owners
, the City Clerk shall record a
copy of this Agreement with the Office of the Napa County Recorder, which shall describe the Property. From William Gerard Maher and Felicia Diane
Maher
, Co
-
Trustees of The
Maher
Family
Revokable
Trust
dated February 4, 2019
1030 Napa
Street
Napa, CA 94559
ATTACHMENT 1
Page
4 of
8 and after the time of the recordation, this Agreement shall impart a notice thereof to all persons as is afforded by the recording laws of the State of California.
(c)
Owners
shall provide written notice of this Agreement to the Office of Historic Preservation within six months of en
tering into this Agreement and attention to:
Julianne Polanco, State Historic Preservation Officer
State of California Office of Historic Preservation
1725
-
23 rd
Street, Suite 100
Sacramento, CA 95816
9. Prevailing Party
. The prevailing party in any action to interpret or enforce this Agreement shall be entitled to recover its reasonable attorney’s fees.
10. Amendments
. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
11. Signatures
. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this Agreement on behalf of the respective legal entities of the
Owners
and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
12. Indemnification. To the full extent permitted by law, Owners
will indemnify, hold harmless,
release, and defend the City (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settle
ments, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to Owners
’
acts or omissions under th
is Agreement. Consistent with
Civil Code Section 2782,
Owners
will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. Owners ’
indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Owners
, including, but not limited to, workers’ compensation insurance.
13. Severability
. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Ag reement will remain in full force and effect;
provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
14. Governing Law, Jurisdiction, and Venue
. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in
a court of competent
jurisdiction in the County of Napa.
15. Counterparts
. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
16. Entire Agreement
. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the subject matter hereof. This Agreement supersedes all prior negotiations, agreements, and understand ings regarding this matter, whether
written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached
or incorporated into
this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
ATTACHMENT 1
Page
5 of
8 CITY OF NAPA:
OWNERS
:
_________________________________
William Gerard Maher and Felicia Diane Maher
,
Co
-
Trustees of The
Maher
Family
Revokable
Trust
dated February 4, 2019
Community Development Director
By:
___________________________________
William Gerard Maher
Date:
_____________________________
“Effective Date”
___________________________________
Felicia Diane Maher
COUNTERSIGNED:
_________________________________
Risk Manager
Address:
1030 Napa
Street
Napa, CA 9455
9 APPROVED AS TO FORM:
_________________________________
City Attorney
BUDGET CODE
:_________
SIGNATURES MUST BE NOTARIZED
*
C
orporation, partnership, limited liability
corporation, sole proprietorship, etc.
Unless corporate resolution delegates
an individual to sign contracts, an
agreement with a corporation shall be
signed by the President or Vice
President
and
the Secretary or
Treasurer of the corporation. A general
partner shall sign on behalf of a general
partnership. The managing member, if
authorized, may sign on behalf of a
limited liability corporation.
ATTACHMENT 1
Page
6 of
8 EXHIBIT “A”
PROPERTY
ATTACHMENT 1
Page
7 of
8 EXHIBIT "B”
SITE PLAN
ATTACHMENT 1
Rev
ised: 01/01/2023
M
I L
L S
A
C T
C
O N
T R A C T
T e
n Y e a r R e h a b i l i t a t i o n P l a n
Mailing Ad
dress:
PO Box 660
Nap
a, CA 94559
Planning
Division
1600 First Street
707.
257.9530
TA
X
YE
AR
PROPOSE
D PROJECT*
EST
IMATED COST
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
* Attach additional she
ets if necessary
Ten Y
ear Rehabilitation Plan to be attached to the Mills Act Contract (Exhibit C) All projects that affect the exterior of the residence will be subject to compliance with the City’s Historic Preservation Ordinance in NMC Chapter 15.52. Work must meet all City requirements and Secretary of Interior’s Standards for Rehabilitation of Historic Properties. You must retain copies of all receipts and permits for submittal with the required annual reports. Photograph the before and after condition of each project for submittal with the annual reports.
Removal of Non-Historic 1930s Front Porch and Reconstruction of Historically Appropriate Italianate-Style Porch
,
and
Existing Landscape
Maintenance
as detailed in Supplemental Historic Property Restoration Plan Replacement of Roof and Installation of Historically Appropriate Gutters and Downspouts.
Existing Landscape Maintenance
as detailed in Supplemental
Historic Property Restoration Plan
Exterior Paint, Siding & Trim Repair
, and
Existing Landscape
Maintenance as detailed in Sup
plemental Historic Property Restoration
Plan
.
Restoration of Driveway and Walkways with Historically Appropriate Materials.
Existing Landscape and Ongoing Exterior Maintenance as detailed in Supplemental Historic Property Restoration Plan Replacement of Non-Historic Windows and Front Door with Historically Accurate Designs.
Existing Landscape
,
Ongoing Exterior and Driveway
Maintenance as detailed in Supplemental Historic Property Restoration Plan $6
5 ,000
Existing Landscape
,
Ongoing Exterior
and Driveway
Maintenance as
detailed in Supplemental Historic Property Restoration Plan Existing Landscape
,
Ongoing Exterior
and Driveway
Maintenance as
detailed in Supplemental Historic Property Restoration Plan Existing Landscap
e,
Ongoing Exterior
and Driveway
Maintenance as
detailed in Supplemental Historic Property Restoration Plan Existing Landscape
,
Ongoing Exterior
and Driveway
Maintenance as
detailed in Supplemental Historic Property Restoration Plan Existing Landscape
,
Ongoing Exterior
and Driveway
Maintenance as
detailed in Supplemental Historic Property Restoration Plan $30,000
$25,000
$15,000
$35,000
$8,000
$8,000
$8,000
$9,000
$9,000
EXHIBIT C