Recording Requested by: )
When Recorded Mail to: )
)
CITY OF RIVERSIDE )
3900 Main Street )
Riverside, CA 92522 )
)
Attn: City Clerk )
DP-2022-00991 )
)
)
(Space Above for Recorder's Office)
IDSTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
between
THE CITY OF RIVERSIDE,
a charter city and municipal corporation
and
GINKO LUEDER,
a Married Woman, as her sole and separate property
and
YONEKO LUEDER,
a Widow
Owner of the property located at
6550 Palm A venue
Riverside, CA 92506
APN: 225-112-038
IDSTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
THIS AGREEMENT is made this _______ , by and between the City of Riverside, a charter city and municipal corporation ("City") and Ginko Lueder, a Married Woman, as her sole and separate property, and Yoneko Lueder, a Widow, as Joint Tenants ("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 holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 6550 Palm Avenue, Riverside, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit "A," and incorporated herein by this reference.
3. On July 8, 2008, the Cultural Heritage Board and/or the City Council designated the Historic Property as an historic resource pursuant to the terms and provisions of Title 20 of the Riverside Municipal Code.
4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 1 \\Rc-Citylaw \Cycom \ WPDOCS\D0 I 9\P035 \0066603 7 .DOC 22-1108 LAS 07 /25/22
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 Chapter 3, Part 2, 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:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on July 1, 2023 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter.
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 Owner or City desire in any year not to renew this Agreement, Owner or City shall serve a 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 Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serve a Notice ofNonrenewal in any year, this Agreement shall remain in effect for the balance of the te1m then remaining from the last Renewal Date ( or from the Effective Date if no Renewal Date has yet occmTed). 2 \\Rc-Citylaw \Cycom \ WPDOCS\D0 l 9\P035 \0066603 7 .DOC 22-1108 LAS 07 /25/22
4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City , Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish the City Council with any information which Owner deem relevant and shall 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 ofNonrenewal.
5. Standards for Historical Property. During the tern, of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached hereto as Exhibit "B," and incorporated herein by this reference, is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property and be complied with by Owner throughout the term of this Agreement. In addition, Owner shall comply with the tenns of the City's Cultural Resources Ordinance (Title 20 of the Riverside Municipal Code), 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. Owner 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 3 \\Rc-Citylaw\Cycom\ WPDOCS\D0 I 9\P035\00666037 .DOC
22-1 I 08 LAS 07 /25/22
Standards for the Treatment of Historic Properties, the State Historical Building Code and the City of Riverside. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C" and incorporated herein by this reference. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."
C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D," 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 Riverside Residential Historic District design guidelines.
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 the 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 oflnfonnation of Compliance. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to detennine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 4 \ \Rc-Citylaw \Cycom \ WPDOCS\D0 I 9\P035\0066603 7 .DOC 22-1108 LAS 07/25/22
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 con-ected 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 Office of the Auditor for the County of Riverside 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 5 \\Rc-Citylaw\Cycom\ WPDOCS\D0 l 9\P035\0066603 7 .DOC 22-1108 LAS 07/25/22
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 more than sixty percent ( 60%) of the original fabric of the strncture must be replaced, this Agreement shall be cancelled because the historic value of the strncture 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 frnstrate 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.
10. Waiver. City does not waive any claim of default by Owner 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 prope1ties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
11. Binding Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set fmih in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set fo1th herein shall be deemed covenants rnnning with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrnment 6 \ \Rc-Citylaw \Cycom \ WPDOCS\D0 l 9\P035 \0066603 7 .DOC 22-1108 LAS 07/25/22
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 , reservations and restrictions are set forth in such contract, deed or other instrnment.
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 it restricts development of the Historic Property . 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 cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner.
13. 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 Riverside
Owner:
Community & Economic Development Department
Planning Division
3900 Main Street
Riverside , CA 92522
Ginko Lueder and Y oneko Lueder
6550 Palm Avenue
Riverside, CA 92506
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.
7 \\Rc-Citylaw \Cycom \ WPDOCS\D0 J 9\P035 \00666037 .DOC 22-1108 LAS 07/25/22
15. Indemnity of City. Owner 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 governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by Owner or any 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 20 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 incmTed by each of them.
Owner's obligation to indemnify shall survive the te1mination, 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, 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, assigns and all persons acquiring any part or p01iion of the Historic Property, whether by operation of law or in any manner whatsoever.
17. Legal Costs. In the event legal proceedings are brought by any paiiy or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing paiiy in such proceeding may 8 \ \Rc-Citylaw \Cycom \ WPDOCS\D0 l 9\P035 \0066603 7 .DOC 22-1108 LAS 07/25/22
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 cou1i 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 in which the property is located within six (6) months of entering into the contract.
20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrnment executed by the parties hereto.
21. Governing Law and Venue. This Agreement shall be constrned 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 for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions oflaw providing for a change of venue in such proceedings to any other county
9 \ \Rc-Citylaw\Cycom\ WPDOCS\D0 l 9\P035\0066603 7 .DOC 22-1 !08 LAS 07 /25/22
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written .
CITY OF RIVERSIDE
By __________ _
City Manager
ATTESTED TO:
By __________ _
City Clerk
OWNER:
GINKO LUEDER ,
a Manied Woman , as her sole and
separate property and YONEKO LUEDER, a
Widow , as Joint Tenants
-~ --,
SPO~S~L COM~:NITY RIGHTS IN THE COVENANT AND AGREEMENT
Dat~d ~" (=> dQJ~
DH 1- 1 s - ao J-,J
I am the spouse of GINKO LtJEDER, and I hereby consent and join in the covenant hereinabove ~scribed and I hereby release and quitclaim any community property interest that I may have in !~ an)v .
J
Printed Name
*Signature must be notarized.
\ \Rc-Citylaw \Cycom \ WPDO CS\D0 l 9\P035 \0066603 7 .DOC 22-1108 LAS 07 /25/22
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
ACKNOWLEDGMENT
State of Califomj{
County of ,,Vf£5 1L<}~
On Q.tlAJJSt= 16 ,,.ioaa. ,_before me, sh~ J} 1). 8e,!J'J}e 'Notary Public , personall ppeared ' / , who proved to me on the basis
of satisfactory evidence to be the)?~rson(.aj'whose name( is re subscribed to the within instrument and acknowled~ , to me that he~#they executed the same in hi~7their authorized capacityji~ and that by hi~ their signature-"81 on the instrument the personw, or the entity upon behalf of which the person(~cted , executed the instrnment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trne and correct.
WITNESS my hand and official seal.
. ,~!- [)&},fffi
Signature
(SEAL)
SHERYLL D BEVILLE
Notary Public - Ca11forn1a
R1vers1de County
Comm1ss1on ;! 2376374
y Comm. Expires Sep 29. 2025
z z >
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
ACKNOWLEDGMENT
State of Califoh ia J.
County of 1
1 \~ 1' ,e_
On ------',£ .!o£1L..L~W...l....l~ .J.,,,,l--/-~~ CL..l---' before me, Sb??~)} '}) & ,u I Jc:, , Notary Public, personally ' peared . · e,,'{' , who proved to me on the basis of satisfactory evidence to be thel rson.~ whose nam is re subscribed to the within instrument and acknowled~ to me that heA he hey executed the same in his{§y' their authorized capacity~ and that by hisn er their signahire on the instrument the person w , or the entity upon behalf of which the person~ 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)
eftdl"tee•••~
SHERYLL D. BEVILLE
Notary Public - California z
Riverside County i;
Commission# 237~! 7~,m i
y Comm. Expires Sep~
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
ACKNOWLEDGMENT
On Ou,! ~is±-I 5 1 J<)J:d , before me, ~ fl JD Bet l.'lle. , Notary Public, personally peared · · -e.. , who proved to me on the basis of satisfactory evidence to be the person(.sf wh se name 1s are subscribed to the within instmment and acknowleRged to me tha@'she/they executed the same ir@;her/their authorized capacity,!j.e&r, and that b-ihGt her/their signatureM on the instmment the personkar, or the entity upon behalf of which the perso~M acted, executed the instmment.
I certify under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
SHERYLL D BEVILLE
;-i ~tary Pubhc • Cal1forma
R1vers1de County
Comm1ss1on ;; 2376374
y Comm Expires Sep 29, 2025
z z ,.
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 225-112-038
Address: 6550 Palm Avenue
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows
Lot 13 and the Northerly rectangular 8 feet of Lot 12 of Palm Heights, as shown by map on file in Book 11, Page 31 of Maps, Records of Riverside County, California.
This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. {},l.,,{,,,,v Cc---- ~llo/ble rep. §)
Curtis C. Stephens, LS. 7519 Date
6550 Palm Avenue.doc
40'
57 HEIGHTS
M.B. 11 /31 RIV. CO.
150'
/ 1~ N 0
l{) lO
APN 225-112-038
12 92
:?! _J
~
a.. I 11 40 '
L
0)
CENTRAL AVENUE
0)
I'") I'")
• CITY OF RIVERSIDE, CALIFORNIA•
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1 "=40' DRAWN BY: CURT DATE: 6/29/22 SUBJECT: 6550 PALM AVENUE - APN 225 - 112- 0.38
Exhibit "B"
Property Maintenance Minimum Standards
Properties shall comply with all regulations of Health and Public Safety including the "Duty to Maintain" as outlined in Title 6 of the Riverside Municipal Code. Properties that are part of the Mills Act program shall comply with:
1) Section 20.30.030, Duty to maintain, as outlined in Title 20 of the Riverside Municipal Code;
2) Properties shall not have non-operational vehicles or portions of them in public view;
3) Properties shall not have stagnant or standing water; 4) Properties shall not have overgrown or decaying landscaping. All landscape features should be maintained including, but not limited to, grass, trees, and any plantings;
5) Landmark properties shall prominently display and properly maintain their City Landmark plaque.
Exhibit "B" Page 1 of 1
Exhibit "C"
Exhibit "C"
6550 Palm Avenue
Year
Year 1
Year 2
Year 3
Year4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Exhibit "D"
MILLS ACT PROGRAM TEN-YEAR REHABILITATION PLAN
Proposed Project
6550 Palm Avenue (DP-2022-00991)
City of Riverside
Masonry repair, roof repair, chimney repair, landscaping Electrical; rewire and service upgrades and new HV AC
system. Addition of an ADU
Electrical new outlets, service upgrades
Kitchen updating and remodeling, access modifications - exterior, tree removal
New patio and deck installed, landscaping
Repair garage, new service lines to garage
Replace fencing, repair driveway pavement, update
landscaping
Restore flooring, update plumbing, remodel bathrooms
Painting interior, built-in cabinets in the living room Replace windows for energy efficient windows
Estimated Cost
9,000
13,000
10,000
9,000
11,000
10,000
9,000
15,000
10,000
15,000
Total 111,000
Projects may be interior or exterior, but must utilize all of your tax savings . All projects that affect the exterior of the residence are subject to Cultural Heritage Board/Staff review and approval before work begins. Work must meet all City requirements and the Secretary of the Interior's Standards for the Treatment of Historic Properties. 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.
At the end of ten years a new work plan must be submitted by the property owner to City Mills Act staff, for review and approval.
The above ten-year plan is that submitted by the undersigned. ' Date