Recording Requested by: )
When Recorded Mail to: )
)
CITY OF RIVERSIDE )
3900 Main Street )
Riverside, CA 92522 )
)
Attn: City Clerk )
DP-2022-01095 )
)
)
(Space Above for Recorder's Office)
HISTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
between
THE CITY O.F RIVERSIDE,
a charter city and municipal corporation
and
RIVERSIDE PACKING HOUSE, LLC,
a California limited liability company
Owner of the property located at
3280 Vine Street
Riverside, CA 92507
APN: 213-060-027
HISTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
THIS AGREEMENT is made this _______ , by and between the City of Riverside , a charier city and municipal corporation ("City") and RIVERSIDE PACKING HOUSE, LLC, a California limited liability company ("Owner").
RECITALS
I. California Government Code section 50280, et. seq. allow cities the discretion to enter into contracts with the owners of qualified historic prope1iies, as that tern1 is defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance, protection , and restoration of such historic prope1iy so as to retain its characteristics as prope1iy of historic significance.
2. Owner holds fee title in and to that certain real propetiy, together with associated structures and improvements thereon , generally located at the street address 3280 Vine Street, 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 October 17, 2018 and December 4, 2018 , the Cultural Heritage Board and/or the City Council designated the Historic Prope1iy as an historic resource pursuant to the tenns 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.
5. Owner, in consideration for abiding by the te1ms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Prope1iy, pursuant to the provisions of Chapter 3, Paii 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in prope11y 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 tern1 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 tenn 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 paiiy 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 ofNonrenewal 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 term then remaining from the last Renewal Date ( or from the Effective Date if no Renewal Date has yet occmTed). 2 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 of Nonrenewal.
5. Standards for Historical Property. During the term 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 Prope1iy. 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 2.nd 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 Prope1iy according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretaiy of the Interior's 3 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 Prope1iy 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 unde1iaken and completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Prope1iies with Guidelines for Preservation, Restoration and/or Rehabilitation and the City of Riverside Residential Historic District design guidelines.
D. Owner shall not be pern1itted to block the view cmTidor with any new structure, such as walls, fences or shrubbe1y, 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 Ag1-:eement, and eve1y five years thereafter, the City shall inspect the interior and exterior of the premises to dete1mine Owner's compliance with the tenns and provisions of this Agreement.
7. Provision oflnformation of Compliance. Owner hereby agrees to furnish City with any and all infonnation requested by City, which City deems necessary or advisable to detern1ine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 4 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 corrected to the reasonable satisfaction of City within thi1iy (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 detennines, 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 prope1iy, or Owner failed to maintain and preserve the Historic Prope1iy in accordance with the tenns 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 enforce this Agreement including , but not limited to, an action to enforce this Agreement by specific performance, injunction , or receivership.
9. Destruction of Prope1iy; 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 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 deten11ined by the City Council to frush·ate 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 properties 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 Prope1iy 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 fmih herein shall be deemed covenants running 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 instrument 6 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 fo1ih 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 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 Prope1iy for the benefit of the public and the Owner.
13. Notice. Any notice required to be given by the te1ms of this Agreement shall be provided at the address of the respective paiiies as specified below or at any other address as may be later specified by the paiiies hereto:
City: City of Riverside
Owner:
Community & Economic Development Depaiiment
Planning Division
3900 Main Street
Riverside, CA 92522
Riverside Packing House , LLC
3280 Vine Street, Suite 200
Riverside, CA 92507
14. Effect of Agreement. None of the te1ms, 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 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 injmy to prope1iy or persons, including wrongful death, whether imposed by a comi 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 Prope1iy by Owner or any contractor, subcontractor, employee, agent , lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Prope1iy; 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 incuned by each of them.
Owner's obligation to indemnify shall survive the tem1ination, 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 paiiies herein, their heirs, successors, legal representatives, assigns and all persons acqui1ing any paii or po1iion of the Historic Prope1iy, whether by operation of law or in any manner whatsoever.
17. Legal Costs. In the event legal proceedings are brought by any patiy or paiiies to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to detennine the rights and duties of any party hereunder, the prevailing party in such proceeding may 8 recover all reasonable attorn eys' 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 court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions , or p01iions 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 pmi, only by written recorded instrnment executed by the parties hereto.
21. Governing Law and Venue. This Agreement shall be construed and governed 111 accordance with the laws of the State of California . Any action at law or in equity brought by either of the pmiies hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a comt 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 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written.
\ \Rc-Citylaw\Cy com\ WPDOCS\D025\P03 3\00667 382. DOC
22-1120 LAS 07/25 /22
10 CITY OF RIVERSIDE
By _______ _ _
City Manager
ATTESTED TO:
By ______ __ _
City Clerk
OWNER:
RIVERSIDE PACKING HOUSE, LLC,
a Californ · limited ·ability company
N L.~~~c;:;:-==-
lts.
----
A notary public or other officer completing this ce11ificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the trnthfulness , accuracy, or validity of that document
ACKNOWLEDGMENT
State of Calif9.R1ia
County of '\(,ve '<6 )rJ. t
On j y. \y 1 f , ~~ , before me, Gr ':J' c'o 1(J v~v fl , Notruy Public, personall appeared~\ e{k, J.1r(;,uire.. , who roved to me on the basis of satisfactory evidence to be the person(1) whose name(j) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/l½@fftheir authorized capacity(i.es), and that by his/11-@fttlreir signature(t,) on the instrnment the person(t), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is trne and conect.
(SEAL)
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 Cali~1ia 1 County of · K \ \lt'l".&°~p e.
On -.i...:.......,..:v------"'"'-'--4--""""'i~,...,,,,=---------,--,,--' before me, ~ r1cj'"' ,}? '\tJ v ~LU 1. , Notary Public, personal! appeared IA. v l C LA,· , who oved to me on the basis of satisfactory evidence to be the person(f) whose name(t) is/are-subscribed to the within instrument and acknowledged to me that he/see/they executed the same in his/eer /their authorized capacity~, and that by his/het=ffilcir signature{/) on the instrument the person(/), or the entity upon behalf of which the person(,' acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature
(SEAL)
,-,;:~,-i, GREGORIO RODRIGUEZ
~
;'J\·;,;,;' .. ~~, Commi ssion Jllo. 2322 753
u . - . . NOTARY PUBLIC-C ALIFORNIA H
\i1 • . RIVERSIDE COUNTY
l ~"'.J., ,, ... ,,,;,., .... "· ,.,.
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 213-260-027
Address: 3280 Vine Street
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:
Parcel 2 of Certificate of Compliance recorded February 21, 2017 as Instrument No. 2017- 0072936 of Official Records. more particularly described as follows:
That portion of Block 2, Range 1 of the Map of the Town of Riverside, as shown on a map filed in Book 7, Page 17 of Maps, in the Office of the County Recorder of San Bernardino County, State of California, described as follows:
BEGINNING at the most Northerly corner of Parcel 2 described in the Grant of Easement to said City of Riverside by document recorded August 20, 1999 as Instrument No. 374581 of Official Records of Riverside County, California, said Beginning being on the Southeasterly Right-of-Way line of Vine Street as shown on said Map of the Town of Riverside; Thence along said Southeasterly Right-of-Way line North 29°43'48" East 155.25 feet to a line parallel with and 160.16 feet Northeasterly of the Southwesterly line of said Block 2; Thence leaving said Southeasterly Right-of-Way line and along said parallel line South 60"16'12" East 136.00 feet to a line parallel with and 136.00 feet Southeasterly of said Southeasterly Right-of-Way line;
Thence leaving said parallel line of said Southwesterly line and along said parallel line of said Southeasterly Right-of-Way line South 29° 43'48" West 158.16 feet to the Northerly line of Parcel 1 of said Grant of Easement;
Thence leaving said parallel line and along said Northerly line the following three courses:
North 60°16'12" West 125.00 feet;
Thence North 46°14'39" West 2.06 feet to the beginning of a non-tangent curve concave to the Northeast having a radius of 18.00 feet and to which beginning a radial line bears South 29°43'48" West;
Thence Northwesterly 9.42 feet along said curve through a central angle of 30°00'00" to the POINT OF BEGINNING.
This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. ~ C<---- 7/€,{ZZ Prep. ~
Curtis C. Stephens, L.S. 7519 Date
3280 Vine Street.doc
I BLOCK 2
RANGE 1
TOWN OF RIVERSIDE
M.B. 7 /17 S.B. CO.
• 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: 7 /8/22 SUBJECT: 3280 VINE STREET - APN 213-060-027 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 pa1i 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) Prope1iies shall not have non-operational vehicles or portions of them in public view;
3) Prope1iies shall not have stagnant or standing water; 4) Prope1iies 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
I
Exhibit "C"
Exhibit "C"
3280 Vine Street
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
3280 Vine Street (DP-2022-01095)
City of Riverside
Roof repair, painting and windows
Landscaping, resurfacing parking lot
Unit Build Out
Upgrade HV AC
Paint Interior
Replace Exterior Handrails
Upgrade Electrical
Replace Flooring
Replace roll ]up doors
Repaint exterior
Estimated Cost
120,000
28,000
80,000
45,000
15,000
25,000
45,000
45,000
20,000
30,000
Total 453,000
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.
RIVERSIDE PACKING HOUSE, LLC,
A California limited liability company
E
Na
Its: MA . EMBER
Date
Date