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Historic Property Preservation Agreement For 517 N Garnet St

Redondo Beach City Council
October 29, 2024

Document
Historic Property Preservation Agreement For 517 N Garnet St
Meeting
October 29, 2024
Body
Redondo Beach City Council
Original file
9.5 MB
Text extracted from the city's file for reading and search. Open the original on redondo.legistar1.com. That file is the official record.

Recording requested by and when recorded mail to:

City Clerk
City of Redondo Beach
P.O. Box 270
Redondo Beach, CA 90277

HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN

THE CITY OF REDONDO BEACH AND ESSMILLER & MAYOTTE TRUST THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (this "Agreement") is made by and between the CITY OF REDONDO BEACH, a municipal corporation ('City"), Essmiller & Mayotte Trust ("Owner") with reference to the following:

RECITALS
A. California Government Code Section 50280, et seq. authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so to retain its characteristics as property of historical significance; B. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as 517 Garnet St, Redondo Beach, California, (the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference;
C. On September 6, 2023, the Preservation Commission of the City of Redondo Beach adopted Resolution No. 2023 - 09- PR-03 (Exhibit "C") thereby declaring and designating the Historic Property as a landmark pursuant to the terms and provisions of Chapter 4, Title 10 of the Redondo Beach Municipal Code, and subject to the execution and recordation of this Agreement;

4. Assessment of Valuation. Tax relief afforded to the Owner pursuant to Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code will require negotiation with the Los Angeles County Assessor's Office.

5. Standards for Historical Property. Owner shall preserve and maintain the Historic Property and its Character Defining Features according to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the City of Redondo Beach Preservation Commission Design Guidelines. Character Defining Features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line, porch, and other aspects of the appearance of the exterior. The Secretary of Interior's Standards for Rehabilitation (attached hereto and marked as Exhibit "B") shall be incorporated herein by reference and constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property. Such Standards shall apply to the property throughout the term of this Agreement.

Periodic Examinations. Owner shall allow reasonable periodic examinations, by prior appointment, of the exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and/or the City, as may be necessary 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 may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

8. Cancellation. City, following a duly noticed public hearing, as set forth in California Government Code Sections 50285, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Property as specified above, the Owner shall pay a cancellation fee to the state Controller as set forth by the provisions of Government Code Section 50286.

9. Destruction. Notwithstanding any provision of this Agreement to the contrary, the Owner may cancel this Agreement without payment of the 3 11. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter 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, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

12. Covenants Run With the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the value of the Owner's legal interest in the Historic Property may be affected thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

13. Notices. 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.

To City: City of Redondo Beach
415 Diamond Street
Redondo Beach, Ca. 90277
Attention: City Planner
To Owner: Essmiller & Mayotte Trust
517 Garnet St,
Redondo Beach, CA 90277

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 joint venturers or members of any joint enterprise.
5 21. Amendments. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

CITY OF REDONDO BEACH OWNER
By- By-
James A. Light Mayor Essmiller & Mayotte Trust
Jestinal

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
ATTEST: please see calfornia
notary certficate h
08032424
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:

Michael W. Webb, City Attorney
EXHIBIT "A"

LEGAL DESCRIPTION
Redondo Beach W 40 Ft of Lots 1 And Lot 2 Blk 137, County of Los Angeles, State of California, as per map recorded in Book 5, Page 73 of maps, in the office of the County Recorder of Los Angeles County.

EXHIBIT "C"

HISTORIC DESIGNATION RESOLUTION
SECTION 1. Based on the findings contained herein, the Preservation Commission hereby approves the designation of the property at 517 Garnet Street as a local historic landmark.

SECTION 2. As a local historic landmark, the property is subject to the Secretary of Interior's Standards for Rehabilitation and is now considered a cultural resource per the California Environmental Quality Act.

SECTION 3. This historic landmark designation makes the property eligible for a Mills Act Contract which will be subsequently prepared ano orwarded to the City Council for review and approval
FINALLY RESOLVED, that the Preservation Commission forward a copy of this resolution to the City Council and all appropriate City departments and any other interested governmental and civic agencies.

RESOLUTION NO. 2023-09-PR-03
517 GARNET STREET
PAGE NO. 2
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 EI See Attached Document (Notary to cross out lines 1-6 below) • See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Subscribed and ,sworn to (or atfirmed) betore me County of Los Angeles Brd _ 20 24
on this . day or August
Date Year
(1) Jessica Mayotte
(and (2) Miles Esshuller -),
RYLIE DIMAS Name(s) of Signer(s)
Notary Public • California
Los Angeles County
Commission # 2474629 proved to me on the basis of satisfactory evidence My Comm. Expires Dec 1, 2027 to be the person(s) who appeared before me.

Sonatuo Rylurs
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: tistor property POcpumzo2 Document Date: 08:03-2424 Number of Pages: /- Signer(s) Other Than Named Above:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910

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