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City Attorney s Office
3900 Main Street
Riverside CA 92522
951 8265567
RESOLUTION NO 20825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE
CALIFORNIA ESTABLISHING THE APPLICATION PROCESS REVIEW
PROCEDURES AND REQUIRED CONTRACT PROVISIONS FOR THE
IMPLEMENTATION O5 THE RIVERSIDE MILLS ACT PURSUANT TO
RIVERSIDE MUNICIPAL CODE CHAPTER 2035
WHEREAS California Government Code Article 12 Section 50280 more commonly known as the Mills Act established legislation providing property tax relief for owners of qualified historic properties who contract with a city to abide by reasonable preservation requirements and and
WHEREAS the City of Riverside is dedicated to preserving historic resources within the City WHEREAS pursuant to Riverside Municipal Code Title 20 the City has established procedures to identify and designate historic resources within the City and WHEREAS Riverside Municipal Code Chapter 2035 allows for the adoption of economic and other incentives for historic properties designated by the City Council or listed on any official federal state or county register for the purpose of preservation rehabilitation and maintenance of those designated historic resources and
WHEREAS preservation agreements will have beneficial effects on residential neighborhoods businesses community pride and regional image and
WHEREAS Riverside Municipal Code section 2035020 states that the application process review procedures and required contract provisions for preservation agreements shall be established by separate resolution of the City Council
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Riverside California as follows
Section 1 The program iimplementing California Government Code Article 12 Section 50280 et seq known as the Mills Act and Section 235020 of the Riverside Municipal Code for the purpose of preserving rehabilitating and maintaining designedhistoric resources shall be known as the Mills Act
Section 2 Pursuant to Riverside Municipal Code section 2035020 the City Council hereby 1 2
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27 delegates to the Planning Director or hisher designee the authority and responsibility to develop and maintain an application for properties seeking qualification and participation in the Mills Act Section 3 Pursuant to Riverside Municipal Code section 2035020 the City Council hereby delegates to the Planning Director or hisher designee the authority and responsibility to review and make a recommendation to the City Council on any application submitted pursuant to the Mills Act The City Council is the final authority on the authorization and approval of the Mills Act Section 4 The Preservation Agreement to be used in the Mills Act is attached as Exhibit A Pursuant to Riverside Municipal Code section 2035020 the City Council hereby delegates to the Planning Director or hisher designee the authority and responsibility to amend and modify the Preservation Agreement as deemed necessary and appropriate in consultation with the City Attorney The terms of the Preservation Agreement shall always comply with California Government Code Article 12 Section 50280 et seq known as the Mills Act and Riverside Municipal Code section 2035020 The maintenance repair rehabilitation andor restoration standards applicable to the subject property shall be set forth in the Preservation Agreement In consideration for abiding with the temps of the Preservation Agreement the owner of the subject property shall be entitled to qualify for a reassessment of the historic property pursuant to Chapter 3 Page 2 of Division 1 of the California Revenue and Taxation Code
Section 5 To limit the fiscal impact of the Mills Act to the City of Riverside the City of Riverside shall not enter into or execute mom than seven 7 Preservation Agreements per calendar year Applications will be accepted during the month of June only during normal business hours The seven 7 applicants will be randomly selected from all eligible applications submitted Section 6 The provisions of this resolution shall become effective concurrent with the effective date of the amendment to Riverside Municipal Code section 2035 allowing for preservation incentives which has been introduced concurrently with this resolution Attorneys Office
3900Main Street
Riverside CA 92522
951 8265567
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27 ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 23rd day of November 004
Mayor of the City of RiverSide
Attest
Cverside
I Colleen J Nicol City Clerk of the City of Riverside California hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the City Council of said City at its meeting held on the 23rd day of November 2004 by the following vote to wit Ayes Councilmembers Betro Moore Gage Schiavone Adkison Hart and Adams Noes None
Absent None
IN WITNESS WHEREOF Ii have hereunto set my hand and affixed the official seal of the City of Riverside California this 23rd day of November 2004
CA 032171
GCLKC OUNCILResolutionsqov2320825 wpd
110504
City
of
the City of Riverside
Attorneys Oflice
3900Main Street
Riverside CA 92522
951 8265567
3 Exhibit A
Recording Requestedby
When Recorded Mail to
CITY OF RIVERSDE
3900 Main Street
Riverside CA 92522
Attn Planning Director
Space Above for Recorders Office
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT
between
THE CITY OF RIVERSIDE
a municipal corporation
and
Owners of the property located at
APN
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT
THIS AGREEMENT is made this by and between the City of
Riverside a municipal corporation City and Owner
RECITALS
1 Califomia 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 502801 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 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 the Cultural HeritageBoard anddor 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 siignificance of the Historic Property that help provide the community with its oven unique civic identity and character 5 Owner in consideration for abiding by the terms ofthis Agreement shall be entitled to qualify for a reassessment of valuation of the Historic Properly pursuant to the provisions of Chapter 3 Part 2 of Division I of the California Revenue and Taxation Code and any corresponding adjustment irt 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 200 Effective Date and shall remain in effect for a 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 desires 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 daysprior to the Renewal Date If either City or Owner serves a Notice of Nonrenewal in any year this Agreement shall remain in effect for the balance of the term then remaining 4 Owner Protest of City Nonrcnewal Within fifteen 15 days of Owners receipt of thc 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 deems 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 naintain 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 Properly and be complied with by Owner throughout the term of this Agreement In addition Owner shall comply with the terms of the Citys Cultural Resources Ordinance Title 20 of the Riverside Municipal Code and shall obtain any applicable permits necessary to protect preserve and 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 thc State Department of Parks and Recreation and the City of Riverside The 3 condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographsattached 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 ExhibitC C Owner shall carry out specific restoration repair maintenance andor rehabilitation projects on the Historic Property if any as outlined in the attached Exhibit D which is incorporatedherein by this reference All uch projects shall be undertaken and completedin accordance with the Secretary of Interior Standards for Rehabilitation and the City of Riverside 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 fiom the public rightofway
6 Periodic Examinations Upon reasonable advance notice Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of the County Assessor the State Department of Parks and Recreation the State Board of Equalization andor City as may be necessary to determine Owners compliance with the terms and provisions of this Agreement
7 Provision of Information of Compliance Owner hereby agrees to furnish City with any and ail information requested by City which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement 4 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 Owners 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 Citys declaration of Owners breach City may pursue any remedy available under local state or federal law including those specificaily 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 thc 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 the 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 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 Properly 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 Properly 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 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 my 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 Citys regulations governing historic properties are available to the City to pursue in the event that there is a reach 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 subsequentbreach thereof or default hereunder
11 Binding Effect of Areement 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 Owners 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 forth in such contract deed or other instrument 12 Covenants Run with the Land Cily and Owner hereby declare their understandingand intent that the burden of the covenants reservations and restrictions set forth herein touch and concern the land in that it restricts developmentof 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 Histuric Property for the benefit of the public and the Owner 13 Notice Any notice required to he given by the terms of this Agreement shall be provided at the address of the respective parties as pecified below or at any other address as may be later specified by thc parties hereto
City City of Riverside
Planning Department
3900 Main Street
Riverside CA 92522
Owner
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 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 tc 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 Owners activities in connection with the Historic Property and iii any restrictions on the use or developmentof the Historic Property from application or enforcement of Title 20 of the Citys Municipal Code or from the enforcement of this Agreement This indemnification includes without limitation the payment of all penalties fluesjudgments awards decrees attorneys fees and related costs or expenses and the reimbursement of City its elected officials employees andor agents for all legal expenses and costs incurred by each of them Owners 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 Successoxs 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 assignsand all persons acquiring any part or portion 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 party 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 part hereunder the prevailing party in such proceeding may 8 recover all reasonable attorneys fees to be fixed by the court in addition to court costs and other relief ordered by the court
18 Sevcrability 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 thc validity and enfomeability of the remaining provisions or portions thereof shall not be effected thereby
19 Recordation No later than twtnty 20 days after the Effective Date City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside Owner shall provide written notice of the contract to the State Office of Historic Preservation 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 parties 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 enorcing 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 of law providing for a changeof venue in such proceedings to any other county
1N WITNESS WHEREOF City and Owner have executed this Agreement on the day and year first above written
Dated CITY OF RIVERSDE
By
ATTESTED TO
By
Owner
Dated
APPROVED AS TO FORM
Deputy City Attorney
CDocuments and SellingsjhansenLocal SettingsTemp00030670WPD CA 032217
08 I3104
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