City of Santa Clara
Agenda Report
22-950
REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca .gov
@SantaClaraCity
Agenda Date: 9/1/2022
Consideration of a Historical Preservation Agreement (Mills Act Contract) for 957 Lewis Street
BACKGROUND
Property owners Brian and Christine Allen are requesting a Historical Preservation Agreement (Mills Act Contract) for the property located at 957 Lewis Street. A requirement of the Mills Act is that the building must be a qualified structure, listed on either a local, State or National register . The property is currently listed on the City's Historic Resource Inventory (HRI) for age and the architectural integrity of the residential structure.
The subject property is a 0.15-acre lot located on the northeast corner of Lewis Street and Washington Street. The existing residence is a single-story Vernacular architectural style constructed circa 1895. The main house exhibits a double hipped roof with two street facing gablets. The front veranda exhibits a very low overhang and is supported by ornately carved turn post. There is a detached garage/shed located to the rear of the residence that is not historically significant as it was constructed more than 50 years after the construction of the residence. The owners plan to demolish the existing garage/shed to build a new Accessory Dwelling Unit (ADU) at a later time.
The proposal includes approval of a Mills Act Contract and adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
DISCUSSION
A Department of Recreation (DPR) 523A Form was prepared by Bonnie Bamburg of Urban Programmers in April 2022, assessing the historical significance of the property, and is attached to this report (Attachment 2). The evaluator finds 957 Lewis Street has been well maintained and its architectural integrity has only been slightly diminished with the historic use of the building remaining the same. The evaluato r concluded that the property continues to retain sufficient integrity to qualify as a historic property since first designated as a Historically Significant Property on the City's HRI.
The property owners have submitted a Statement of Justification and 10-Year Plan for restoration and maintenance of the property. The Plan includes repairing the front porch, regrading around the perimeter of the residence, re-roofing, window restoration, and exterior painting. The property owners will obtain Significant Property Alteration permits for the work described in the Plan as required by the Historic Preservation Ordinance.
Staff finds that the work proposed in the 10-Year Restoration and Maintenance Plan adheres to the Secretary of the Interior's Standards for Rehabilitation. The proposed improvements support the preservation, protection, and maintenance of a locally designated significant structure.
City of Santa Clara Page 1 of 2 Printed on 8/25/2022
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22-950 Agenda Date: 9/1/2022
ENVIRONMENTAL REVIEW
The Mills Act program is exempt from the California Environmental Quality Act (CEQA) environmental review requirements per CEQA Section 15331, which exempts project limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior Standards.
PUBLIC CONTACT
No public comments have been received at the time of preparation of this report.
RECOMMENDATION
Staff recommends that the Historical and Landmarks Commission find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend Council approval of a Mills Act Contract, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
Prepared by: Tiffany Vien, Assistant Planner, Community Development Approved by: Lesley Xavier, Planning Manager, Community Development
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Secretary of the Interior's Standards for Rehabilitation
4. Statement of Justification
5. 10-Year Restoration and Maintenance Plan
6. Draft Historic Property Preservation Agreement (Mills Act Contract) City of Santa Clara Page 2 of2 Printed on 8/25/2022
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For APN/Parcel ID(s): 269-05-065
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF LEWIS STREET SAID POINT BEING DISTANT THEREON 101 FEET EASTERLY FROM THE POINT OF INTERSECTION OF SAID NORTHERLY LINE OF LEWIS STREET WITH THE EASTERLY LINE OF WASHINGTON STREET; RUNNING THENCE EASTERLY ALONG SAID NORTHERLY LINE OF LEWIS STREET 50 FEET; THENCE AT RIGHT ANGLES NORTHERLY 137 FEET; THENCE AT RIGHT ANGLES WESTERLY 50 FEET; THENCE AT RIGHT ANGLES SOUTHERLY 137 FEET TO THE POINT OF COMMENCEMENT, AND BEING A PART OF BLOCK 5 NORTH RANGE 1 EAST, AS REPRESENTED UPON THE OFFICIAL MAP OF THE TOWN OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
Grant Deed
SCA0000129.doc / Updated: 05.24.16
Printed: 12,06.17@ 08:59 AM
CA-CT-FWPS-02180.054986-FWPS-2966171784
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Other Listings
Primary#
HRI#
Trinomial
NRHP Status Code
Review Code Reviewer
P1. Other Identifier:
*P2. Location: □ Not for Publication ■ Unrestricted
and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Date:
c. Address: 957 Lewis Street
d. UTM: Zone: 10 ; mE/ mN {G.P.S.)
"a. County: Santa Clara
T ; R ¼of
City: Santa Clara
Date
1/, of Sec ; M.D. B.M.
Zip: 95050
e. Other Locational Data: (e.g., parcel#, directions to resource, elevation, etc., as appropriate) Elevation: APN# 269-05-065 "P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property is located on the northerly line of Lewis St said point being distant whereon 101 feet eastwardly from the point of the intersection of said northerly line of Lewis St with the easterly line of Washington St; running thence easterly along said northerly line of Lewis St 50 feet; thence at right angles northerly 137 feet; thence at right angles westerly 50 feet; thence at a right angle suddenly 137 feet to the point of commencement, and being a part of blocked 5 north range 1 East, as represented up on the official map of the town of Santa Clara, County of Santa Clara, state of California
This property falls within the old quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. The old quad encompasses the area boardered by Scott Blvd to the West, Newhall street to the South and east, and the railroad tracks to the north and east. A moderate number of homes in this area date to the 1850s - 1880s, and a very large number date to the 1890s - 1900s. Along the eastern edge the neighborhood is Santa Clara University which consists of about eight large buildings dating from 1911 - 1930, plus newer buildings. By contrast, Santa Clara historic downtown was razored in 1960s through urban renewal. 957 Lewis St is a single story wooden residence constructed on a rectangular plan and a unique cooler style. This structure exhibits a double hipped roof with two street facing goblets. Roofline is also characterized by a very small eve projection around the goblets like he pronounced eve, boxed cornice and large plane freezy where it joins the exterior wall. A low hipped, wrapped around veranda further defines the facade. The body of the house is sheathed in wide shiplap with wide end boards. Fish scale shingles omet ornament the two goblets. The front verandah exhibits a very low overhang and is supported by ornately carved turn post with carved brackets. The porch is reached a five step wooden stairway. The porch banister is composed of simple wooden one inch by two inch steaks. Firenze tation is simple, rectangular in form, a simile placed in double hung. A small pavilion style window slash vent ornaments the lower goblet the main entry is recessed under the veranda overhang and is in placed adjacent to the slightly angled Bay. A detattached garage/shed is located to the rear of the house.
The site is significant primarily due to its architect architectural style. The unusual wrap around veranda and double front-facing goblets at a definite farm influence to the residence. The vernacular forms by definition add a quality of uniqueness to their design which, while not particularly find piece of architectural in this case, add to the distinctivess of this neighborhood in the city. The earliest owner/occupant of the residence is listed in the 1908 City Directory as William J Foley who was a clerk. Foley is also listed as owner/occupant in the 1915 Directory. There are earlier listings of William Foley but they are from widely different addresses around Santa Clara. No address listing is found for the site before 1908 despite the fact that the building predates that year. The house has shown on the 1901 Sanborn map but not the 1891 map.
This information was obtained from the the Historic Resources Invetory report prepared by Guidici / Zavlaris of URC dated November 18, 1980 for the purpose of a special plauque request, see attached.
The residence is listed on the Architecturally Historically Significant Properties on page 8.9-9, See attached The owners are in the process of obtaining a permit to demolish the existing garage/shed and add a ADU at the rear of the property . Bonnie Bamburg of Urban Programmers conducted a review of the house and the garage/shed. Bamburg found that the house had been recently painted, the front yared had been landscaped, the double hung windows had been replaced with updated like window incerts. Bamburg found that there were no other signifcate structural changes to the house. Bamburg found that the garage/shed does not contribute to the character of the house, having been built more the 50 years later. The garage shed is not architecturally aligned with the house and does not add to the historical character of the house or two other structures in the area, refer to attach report.
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary# ___________________ _
HRI# _________________ _
Trinomial
Page __L of __L Resource Name or#: (Assigned by recorder) ____________ _ "P3b. Resource Attributes: (List attributes and codes)
"P4. Resources Present: ■ Building □ Structure □ Object □ Site □ District □ Element of District □ Other (Isolates, etc.) _P_5_a ___ P_h_o_t_o_o_r_D-ra_w_i_n_g_(_P-ho_t_o_re-q-ui-re_d_f_or_b_u_lld-in_g_s_, s-tr-u-ct-u-re_s_, a_n_d_o-bj-e-ct-s.-) --------. PSb. Description of Photo: (View, date, accession#) Front of residence
located at 957 Lewis Sh·eet.
1900, 1902, 1904, 1908, 1915, Sanborn Maps 1891, 1901
"P6. Date Constructed/Age and
Sources: ■ Historic
□ Prehistoric □ Both
"P7. Owner and Addre ss:
Brian & Christine Allen
957 Lewis Street
Santa Clara, 95050
*P8. Recorded by: (Name,
affiliation, and address)
Bonnie Bamburg
Urban Programmers
10710 Ridgeview Ave
San Jose, Ca 95127
*P9. Date Recorded: April 2022
*P10. Survey Type: (Describe)
General
"P11. Report Citation: (Cite survey
report and other sources, or enter
"none.") Guidici / Zavlaris of URC,
11/18/1980; Polks City Directories 1892,
*Attachmen ts: □ NONE □ Location Map □ Sketch Map ■ Continuation Sheet ■ Building, Structure, and Object Record □Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □Artifact Record □ Photograph Record D Other (List):
DPR 523A (1/95) •Required lnfonnatlon
DPR 523A-Test (8/94)
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Property Name: _____________________________ _
Page __ of __
DPR 523L (9/2013
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Property Name: ____________________________ _
Page __ of __
DPR 523L (9/2013
Brian Allen
957 Lewis Street
Santa Clara CA 95050
Dear Mr. Allan,
April 28, 2022
At your request Urban Programmers investigated the large shed constructed behind your home at 957 Lewis Street, Santa Clara. The purpose of the investigation was to determine if the structure was a historic resource and if it added historical importance to the house which is listed in the Santa Clara Inventory of Historic Resources.
Methodology: To determine when the structure was constructed we researched the City of Santa Clara Building Permits- no permit was found. We then researched the Sanborn Insurance Maps for Santa Clara, 1915- updated to 1950, and found the structure was not on the property in 1950. The Santa Clara County Assessor's property files indicate a structure was present in 1968. The son of the former owner told you the structure was constructed from salvaged materials, and that is consistent with what exists today. In fact, the materials, wood, window, corrugated metal roofing, brick, tile, etc., do not exhibit stable construction.
To understand the purpose of the structure, we researched the City Directories for Santa Clara beginning in 1945-2002, when Eulalio {Ed) Delgado Contreras is shown as the owner-occupant. Eulalio {Ed) Contreras lived in the house until the early 2000s, he passed away{1903-2007). During his working career Eulalio held several positions at Western Forge and Flange Company { reference City directories 1945- 1974). The shed was used as a personal workshop, storage area, and outside BBQ area.
The shed has single wall construction without concern for structural stability and using a mixture of board lengths and widths. There is no foundation. The metal sheet roofing is nailed directly to roof rafters. Interior surfaces include boards and cardboard without finishes.
Conclusion: The structure does not contribute to the historical character of the house. The house was constructed c.1905,- and the shed was constructed more than 50 years later. The shed is not architecturally aligned with the house and does not add to the historic character of the house at 975 Lewis Street, or to other structures In the area. There have been no changes to the house since 1979.
Best regards,
Bonnie Bamburg
Bonnie Bamburg, owner
10710 Ridgeview Avenue
San Jose California
9512 7
USA
Phone : 408 -25 4-7171
Fax: 408 -254-0969
E-mail: [email protected]
hotographs- Shed at 957 Lewis Street
Front of the shed facing into the rear yard. The overhang and side addition were constructed at the same time as the peaked roof section. All materials are salvage.
Front of the shed showing the various sizes of wood boards and condition of the shed.
Interior of the shed partitioned for storage and salvaged building materials. Floor is salvaged roofing and tile.
The Historic Survey prepared in by Urban Rural Conservation, Patricia Guidici and William Zavlaris, November 18,1979 was reviewed and compared to the existing conditon of the property.
The house is unchanged and well maintained. The landscaping is slightly improved in the front and the rear shed fills most of what was the rear yard. Therefore, the 1979 Historical survey of 957 Lewis stands as written and does not need to be updated at this time.
Secretary of Interior's Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will ' be avoided,
3. Each property will be recognized as a physical record of Its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeologlcal resources will be protected and preserved In place. if such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the Integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed In the future, the essential form and integrity of the historic property and its environment would be unimpaired.
Greetings,
957 Lewis Street
Santa Clara CA
My wife and I both grew up in Santa Clara. We started our family in the 1980's across the street from our current residence. The previous owner, Joe and Polly Contreras had lived in this home since the 1950
1 s. As neighbors, we became friends and looked out for one another. We always loved the style of their home, especially the front porch. In the 1990's, we moved from Lewis Street to escape the traffic, especially since we had young children. We stayed in contact with Polly over the years and we told her that if she ever wanted to sale her home, we would be interested in purchasing it. Our son and his family now live in our original home on Lewis Street and in 2019, Polly' health was failing, and she asked us if we still wanted to buy her home. We said yes and were extremely happy to move back into Santa Clara and back into the old quad neighborhood. We love our home and refer to it as the Polly House. We enjoy being so close to our kids, grandkids and all the conveniences of Santa Clara. My son and I have a business together and his wife teaches at a local school. We enjoy watching our grandkids daily.
Since moving into the Polly house, we have dryscaped the front yard and have given her a fresh coat of paint. We are committed to preserving our little house and the required investment to safeguard it.
Sincerely,
Brian & Christine Allen
June 25, 2022
Brian and Christine Allen
957 Lewis Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Foley, C, 1895
Dear Planning Staff and Historic & Landmark Commissioners, The following ls our 10-year plan for the restorations and maintenance of our historic home at 957 Lewis Street. All items to meet the Secretary of interiors standards for Treatment of Historic Properties:
Years 1-2 (2023-2024)
Front Porch: The flooring of the front porch is designed using 1X3 tongue and grove planks. Over time, it has weathered, splitting, and is rotting due to moisture. The treads of the front stairs are also pulling away from the stringers and will need to be repaired or replaced. Once repaired, the front porch and stairs will need to be sealed and painted to prevent additional moisture damage, Years 2-3 (2025-2026)
Foundation/grading/Drainage: Improve rainwater management around the perimeter of the house:
The existing grade (soil) around the house is inadequately sloped (towards the house) which can lead to foundation settlement and compromise the structural integrity of the historic residence. The grade also contacts the historic wood siding/ framing which can lead to rot and termite damage. Therefore, we propose to regrade around the perimeter of the residents as required by the building code, correct, improperly sloped roof gutters, and connect the rainwater leader downspouts to concrete splash blocks or sub surfaces drain lines to outlet downhill away from the residents.
Years 4-6 (2026-2028)
Roofing: Replace failing asphalt composition shingle roofing (improperly flashed resulting in leaks with water damage): Install new triple layer (tri-lam) asphalt composition shingle roofing (example:
Certainteed Landmark TL) with a more similar profile in shadow line of wood shingles that was originally on the home.
Years 7-8 (2029-2030)
Doors and Windows: Replace and/or repair all weatherstripping and seals on all doors and windows.
Air leakage and the secretion of water can cause mold, rot to form, and uses more energy to heat and cool the residence.
Years 9-10 (2031-2032) exterior of
Exterior Painting: repaint entire residents including all exterior wood siding, eaves, gutters, downspouts, windows and doors and their associated trim, all porches, and railings. Any minor dry rot or pest damage to all wood material shall be repaired with epoxy. Where wood elements have excessive damage, they shall be replaced with salvage or custom milled wood to match existing.
When we lived across the street where our son and his family currently now live, we always admired this house, especially the front porch. We absolutely love this historic home and the old quad neighborhood.
We look forward to the memories we will make here with our family.
RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warbmton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 !SPACE ABOVE THIS LINE FOR RECORDER'S USE!
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this _ day of _____ , 2022, ("Effective Date"), by and between B1ian and Chiistine Allen, owners of certain real property located at 957 Lewis Street, Santa Clara, CA 95050 ("OWNERS") and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Patties" or the "Parties to this Agreement."
A. Recitals .
( 1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real prope1iy, together with associated structures and improvements thereon, shown on the 2021 Santa Clara County Prope1iy Tax Rolls as Assessors' Parcel Number 269-05-065, and generally located at the street address 957 Lewis Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Prope1iy is attached hereto as "Legal Description," marked as "Exhibit "A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Prope1iies list. OWNERS submitted a Mills Act Proposal to City on June 30, 2022. The Proposal included a Primaiy Record from the State of California's Depaiiment of Parks and Recreation. A hue and correct copy of the Proposal is attached to this Agreement as "Exhibit B". ( 4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Prope1iy and to qualify the Historic Prope1iy for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
Page I of9
B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The te1m of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such term will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversaiy of the effective date of this Agreement, ("renewal date"), one ( 1) year shall automatically be added to the te1m of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any yeai· not to renew the Agreement, OWNERS or CITY shall serve written notice ofnonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty ( 60) days prior to the annual renewal date, one ( 1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
( c) OWNERS may make a written protest of a nonrenewal notice issued by CITY.
CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. During the tenn of this Agreement, the Historic Prope1ty shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property. "The Secretary of the Interior's Standards for Rehabilitation," marked as "Exhibit C" to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Prope1ty, which shall apply to such property throughout the term of this Agreement. (b) OWNERS shall, when necessaiy or as determined by the Director of Planning and Inspection, restore and rehabilitate the property to confonn to the rnles and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code ai1d in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Efforts," marked as "Exhibit D" to this agreement, and incorporated herein by this reference.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and eve1y five (5) years thereafter, an inspection of the propetty's interior and exterior shall be conducted by a party appointed by CITY, to detennine OWNERS' continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. ( 4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessaiy to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it detennines any one of the following:
(i) the OWNERS breached any of the te1ms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property. (b) CITY may also cancel this Agreement if it determines that:
(i) the OWNERS have allowed the prope1ty to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the prope1ty in the manner specified in subparagraph 3(b) of this Agreement. ( c) In the event of cancellation, OWNERS shall pay those cancellation fees set fo1th in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. (6) No Waiver of Breach.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this conh·act, either party may demand mediation by filing a written demand with the other paiiy.
( c) The paiiies may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or info1mation demanded, the mediator(s) may proceed ex parte. ( d) A hearing on the matter to be arbih·ated shall take place before the mediator( s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party w1itten notice of the time and place at least fifteen (15) days before the date selected. At the heating, any relevant evidence may be presented by either paiiy, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
( e) The submission of a dispute to the mediator( s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Comi having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
(a) The OWNERS hereby subjects the Historic Prope1iy described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set f01ih herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and eve1y contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Prope1iy, or any p01iion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrnment.
(b) CITY and OWNERS 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 OWNERS' legal interest in the Historic Property.
( c) CITY and OWNERS 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 CITY, public (which includes, but is not limited to the benefit to the public street generally located at 957 Lewis Street), and OWNERS.
(9) Notice.
(a) 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 paiiies hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Brian Allen
9 5 7 Lewis S h·eet
Santa Clara, CA 95050
Christine Allen
957 Lewis Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Prope1iy, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. 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 them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold hannless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS' acts, errors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any paiiy hereunder, the prevailing party in such proceeding Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. 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 patties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any pa1t or pmtion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Invent01y f01m;
b. the description of the preservation or restoration effmts to be unde1taken as referenced in pai·agraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Property designation and reassessment; and,
d. the Mills Act Historic Prope1ty Contract filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Depaitment may collect such Mills Act Historic Prope1ty Contract application fee of ___ ( s ________ dollai·s ), or other fees for the administration of this contract as are authorized from time to time by the City Council. Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the COlmty Recorder's Office recordation fees for recordation of this Mills Act Historic Prope1ty Contract and the recordation of the OWNERS updated Historic Resources Inventmy form. (18) Ordinary Maintenance. Nothing in this contract shall be consh·ued to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this conh·act that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the constrnction, reconstrnction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary of Interior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
( c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, inespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the tenns or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions ofinterpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrnment executed by the paiiies hereto.
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
Office of the City Attorney
City Attorney
ATTEST:
Nora Pimentel MMC
Assistant City Clerk
Rajeev Batra
City Manager
1500 Warbu1ion Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
"CITY"
Brian and Christine Allen,
Owners of 957 Lewis Street
By:----------
Brian Allen
957 Lewis Street
Santa Clara, CA 95050
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
By:------------
Christine Allen
957 Lewis Street
Santa Clara, CA 95050
Exhibits:
A - Property Description
B - Primaiy Record
C - Standards for Rehabilitation
D - Restoration Schedule
"OWNERS"
I:\PLANNING\2022\Project Files Active\PLN22-00385 957 Lewis St (Mills Act)\Mills Act Contract.doc Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019