Recording Requested by: )
When Recorded Mail to: )
)
CITY OF RIVERSIDE )
3900 Main Street )
Riverside , CA 92522 )
)
Attn: City Clerk )
DP-2023-01338 )
)
)
(Space Above for Recorder's Office)
ffiSTORIC PROPERTY PRESERVATION AGREEMENT
("MILLS ACT CONTRACT")
between
THE CITY OF RIVERSIDE ,
a charter city and municipal corporation
and
MATTHEW GUNKEL
and
DANIELLE GUNKEL,
Husband and Wife as Joint Tenants
Owner of the property located at
3573 Beechwood Place
Riverside, CA 92506
APN: 217-255-006
HISTORIC 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 Matthew Gunk el and Danielle Gunkel, Husband and Wife 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 prope1ties, 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 prope1iy so as to retain its characteristics as property of historic significance .
2. Owner holds fee title in and to that ce1iain real property, together with associated structures and improvements thereon , generally located at the street address of 3573 Beechwood Place , Riverside , California ("Historic Prope1iy"). A legal description of the Historic Property is attached hereto as Exhibit "A," and incorporated herein by this reference.
3. On April 20, 1988, 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.
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 Tenn of Agreement. This Agreement shall be effective and commence on July 1, 2024 ("Effective Date") and shall remain in effect for a minimum term often (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 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 balanc e of the term then remaining from the last Renewal Date ( or from the Effective Date if no Renewal Date has yet occurred). 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 ofNonrenewal.
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 Propetty. 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 Propetty, which shall apply to the Historic Propetty and be complied with by Owner throughout the term of this Agreement. In addition , Owner shall comply with the terms 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 Propetty 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 Depatiment of Parks and Recreation, Secretary of the Interior 's 3 Standards for the Treatment of Historic Prope1ties , 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 Prope1ty, 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 Prope1iy 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 oflnformation of Compliance. Owner hereby agrees to furnish City with any and all information requested by City , which City deems necessary or advisable to determine el igibility of the Historic Propetty 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 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 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 Propetiy 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 cout1 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 Propetiy; Eminent Domain; Cancellation. If the Historic Propetiy is destroyed by eatihquake , 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 Propetiy is acquired in whole or in pati 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.
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 Property to the covenants, conditions , and restrictions set forth in this Agreement. City and Owner 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 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 Propetiy , or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants , reservations and restrictions are set fotih 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 futiher 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 Propetiy 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 patiies as specified below or at any other address as may be later specified by the patiies hereto:
City: City of Riverside
Owner:
Community & Economic Development Depatiment
Planning Division
3900 Main Street
Riverside, CA 92522
Matthew and Danielle Gunkel
3573 Beechwood Place
Riverside, CA 92506
14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a patinership between the patiies 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 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 Propet1y by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Propet1y; and (iii) any restrictions on the use or development of the Historic Propet1y, 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 incurred by each of them.
Owner's 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.
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 pot1ion of the Historic Propet1y, whether by operation of law or in any manner whatsoever.
17. Legal Costs. In the event legal proceedings are brought by any party or patties 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 pat1y in such proceeding may 8 recover all reasonable attorneys ' fees to be fixed by the couti, 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 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 propetiy 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 instrument executed by the paiiies hereto.
21. 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 for by this Agreement shall be tried in a couti of competent jurisdiction in the County of Riverside , State of California, and the patties 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.
APPROVED AS TO FORM
Senior Deputy City Attorney
\\Rc -Citylaw\Cycom\ WPDOCS \O0 I 4\P040\00737465 . DOC 23- 11 72 ALB 08/ 17/23
CITY OF RIVERSIDE
By _________ _
City Manager
ATTESTED TO:
By __________ _
City Clerk
OWNER:
MATTHEW GUNKEL and
DANIELLE GUNKEL ,
Husband and Wife as Joint Tenants
Matthew Gunke
Qel~I
10 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.
ST ATE OF CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
On ________ ~ before me, _________________ _
personally appeared ________________ 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.
Notary Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this ce1tificate is attached , and not the truthfulness, accuracy, or validity of that document
State of Californiaf • ?£
County of ) VUl51 _p , r ___,
On Q8 /:i ~ ~ , before ]e,Ju.,lj/, JnaJ4dJi:r,,,,_ Notary Public , personally appearedL~.J Gunke/\J« ~n, tll" frl)(I :J::~ho 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.
PROJECT: MILLS ACT
APN: 217-255-006
EXHIBIT "A"
LEGAL DESCRIPTION
ADDRESS: 3573 Beechwood Place
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:
Lot 77 of Castle Reagh, as shown by Map on file in Book 10, Page 92 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.
By: b A'
Eswin 0 . Vega, P.L.S. 9164
¢" /z3 Prep. dbw
/ Date
3573 Beechwood-Mills Act
EXHIBIT
75 43
76 79
97 96
95 • CITY OF RIVERSIDE, CALIFORNIA •
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE A TT ACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1' = 40' DRAWN BY· dbw DATE: 7/24/23 SUBJECT: 3573 Beechwood Place- Mills Act 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 pati 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) 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"
3573 Beechwood Place
Exhibit "C"
Year
Year 1
Year2
Year 3
Year4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
MILLS ACT PROGRAM TEN-YEAR REHABILITATION PLAN
3573 Beechwood Pl. (DP-2023-01338)
City of Riverside
Proposed Project
Replace cracked tile kitchen floors with new, more period appropriate tile floors, annual termite inspection /prevention , annual HV AC inspection/maintenance
Repainting of brick on the front porch and fireplace chimney stack , repainting of interior fireplace tile, replace some grass lawri with water-wise landscaping , annual termite
inspection /prevention, annual HV AC inspection /maintenance Replace primary bathroom cabinets with period appropriate cabinets annual termite inspection/prevention, annual HVAC inspection/maintenance
Removing and repairing driveway concrete and surrounding walkway including sidewalks and curb cuts, annual termite inspection/prevention, annual HV AC inspection /maintenance Replacement of termite damaged framing in garage, replace and re-refinish garage drywall, replace garage door , annual termite inspection/prevention, annual HV AC
inspection/maintenance
Repair ceiling damage in multiple rooms, HV AC replacement , annual termite inspection/prevention
Hardwood flooring refinish and repair in the guest bedroom, annual termite inspection/prevention, annual HV AC
inspection /maintenance
Replace water heater and galvanized plumbing pipes , annual termite inspection /prevention , annual HV AC
inspection/maintenance
Termite tenting , annual termite inspection/prevention , annual HVAC inspection /maintenance
Repaint house exterior and windows, annual termite
inspection /prevention , annual HV AC inspection/maintenance Total
Estimated Cost
$10,200.00
$6,500.00
$5,700.00
$7,800.00
$5,500.00
$7,600 .00
$5,500.00
$17,000.00
$5,900.00
$13,000.00
$84,700.00
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 submitte by the undersigned.
Date
Date