PC R 13-2186' RESOLUTION. NO. 13 -2186
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL OF THE
,CITY OF ARROYO GRANDE APPROVE DEVELOPMENT
CODE AMENDMENT CASE NO. 13 -003 AND,ADOPT "THE
MILLS ACT ORDINANCE', APPROVE A RESOLUTION
IMPLEMENTING THE MILLS ACT PROGRAM, APPROVE
A HISTORICAL PRESERVATION AWARD PROGRAM,
AUTHORIZE AN EXPENDITURE OF $10,000 FOR
HISTORIC SURVEYS, AND WAIVE THE APPLICATION
FEE FOR HISTORIC DESIGNATION APPLICATIONS FOR
ONE YEAR.
WHEREAS, the City has a defined process for designating local historic resources
codified in Title 1,6', Chapter 16, Section 135; of the Arroyo Grande Municipal Code; and
WHEREAS, the Mills Act, codified' at Government Code, Section 50280 et. seq.,
encourages the preservation, restoration, rehabilitation, and maintenance of historic
properties in accordance with the Secretary of the Interior's Standards for the Treatment
of Historic Properties; and
' WHEREAS, the Mills Act permits cities to enter into Mills Act Contracts with owners of
qualified historic properties to protect and maintain their properties in exchange for the
County Assessor assessing their property at a lower property tax rate by utilizing a
formula established by the State of California, and
WHEREAS, the, Planning Commission finds and determines that entering into Mills Act
Contracts, is an incentive, for owners of designated historic properties to preserve,
rehabilitate, restore. and maintain those properties: and
WHEREAS, The Planning Commission further finds that the protection of these
properties will support the goals and objectives in the Land Use Element of the City
General Plan concerning the preservation of historically significant properties; and foster
economic incentives to protect properties of historic significance; and
WHEREAS, The Community Development Director has determined that establishment
of the Mills Act Program is not a "project" as defined by Section 15378 of the California
Environmental Quality Act as it applies to existing development and does not have the
potential to result "in a direct physical change in the environment; and
WHEREAS, the Planning Commission of the ,City of Arroyo Grande has reviewed the
program at a duly noticed public hearing on June 4,, 2013; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the foljowing circumstances exist:
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 2
Development Code Amend ment.Findings: '
1. The proposed change of zone (or revision to this title) is consistent with the
goals, objectives, policies and programs of the general ,plan, and is necessary
and desirable to implement to provisions of the general plan;
The proposed, revision is consistent with the goals„ objectives, policies and programs of
the General Pib&nthat protection of'historical resources is an established. goal.
2. The proposed change of zone.(or revision to this title) will not <adversely�aftect the
public health, safety, and welfare or result in an illogical land use pattern;
The proposed amendment will not adversely affect,the public health, safety„ and welfare
or result m an illogical land use pattern because it is a, program change only that affects
existing development
3. The proposed change of zone (or revision to this title) is consistent with the
purpose and intent of the title (or the portion of this title it is amending),;
The proposed amendment is consistent with the purpose and intent of the title, as it
provides and ensures compatibility between this title and the General Plan to allow a
historic resource protection program.
4. The potential environmental impacts of the proposed change of zone (or revision ,
to this title) are insignificant, or there are overriding considerations that outweigh
the potential impacts;
There are no potential environmental impacts identified with the formation of the Mills
Act program.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council approve Development Code
Amendment Case No. 13 -003 and adopt the Mills Act ordinance as set forth in Exhibit "A ",
the Mills Act Program resolution as set forth in Exhibit "B ", and the Historic Preservation
Awards Program resolution as set forth in Exhibit "C" attached hereto and incorporated
herein by this reference, the appropriation of funds for historic surveys, and the waiver of
fees for historic designation applications for one year.
On motion by Commissioner Barneich, seconded by Commissioner Sperow, and by the
following roll call vote, to wit:
AYES: Barneich, Sperow, Keen, Martin, Ruth
NOES: None
ABSENT,: None
the foregoing Resolution this 4th day June, 2013.
was adopted of
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 3
ATTEST:
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
vo
TER} A MCCL SH
COMMUNITY DEVELOPMENT DIRECTOR
_iii„ ����
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 4
Exhibit "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING PORTIONS OF TITLE
16 OF THE ARROYO GRANDE MUNICIPAL CODE FOR
SECTION 16.16.135 BY ADDING SUBSECTION "G"
RELATING TO THE ENACTMENT OF MILLS ACT
CONTRACTS FOR PROPERTY TAX RELIEF AND FOR
THE PROTECTION OF HISTORIC PROPERTIES AND
AMENDING THE DESIGNATION PROCESS TO
ELIMINATE THE ARCHITECTURAL REVIEW COMMITTEE
WHEREAS, the City has a defined process for designating local historic resources
codified in Title 16, Chapter 16, Section 135 of the Arroyo Grande Municipal Code; and
WHEREAS, the Mills Act, codified at Government Code Section 50280 et. seq.,
encourages the preservation, restoration, rehabilitation, and maintenance of historic
properties in accordance with the Secretary of the Interior's Standards for the Treatment
of Historic Properties; and
WHEREAS, the Mills Act permits cities to enter into Mills Act Contracts with owners of
qualified historic properties to protect and maintain their properties in exchange for the
County Assessor assessing their property at a lower property tax rate by utilizing a
formula established by the State of California; and
WHEREAS, the City Council finds and determines that entering into Mills Act Contracts
is an incentive for owners of designated historic properties to preserve, rehabilitate,
restore and maintain those properties; and
WHEREAS, The City Council further finds that the protection of these properties will
support the goals and objectives in the Land Use Element of the City General Plan
concerning the preservation of historically significant properties; and foster economic
incentives to protect properties of historic significance; and
WHEREAS, the City Council desires to establish a Mills Act.historic resource protection
incentive program; and
WHEREAS, The Community Development Director has determined that establishment
of the Mills Act Program is not a "project' as defined by Section 15378 of the California
Environmental Quality Act as it applies to existing development and does not have the
potential to result in a direct physical change in the environment; and
WHEREAS,'the City Council finds, after due .study, deliberation and public hearing, the
following circumstances exist:
RESOLUTION NO. 13 =2186
JUNE 4, 2013
PAGE 5
Development Code Amendment Findings:
5. The proposed change of zone (or revision to this title) is consistent with the
goals, objectives, policies and programs of the general plan, and is necessary
and desirable to implement to provisions of the general plan;
The proposed revision is� consistent with the goals„ objectives, policies and programs of
the General Plan, in that protection of historical resources is an established goal.,
6. The proposed change of zone (or revision to this title) will not adversely affect the
public health, safety, and welfare or result in an illogical land use pattern;
The proposed amendment will not adversely affect the public health, safety, and welfare
or result in an illogical land use pattern because it is a program change only that affects
existing development.
7. The proposed change of zone (or revision to this: title) 'is consistent, with the
purpose and intent of the title (or the portion of "this title it is amending);
The proposed amendment is consistent with the purpose and intent of the title, as it
provides and ensures compatibility between this title and the General Plan to allow a
' historic resource protection_ program.
8. The potential environmental impacts of the proposed change of zone (or revision
to this title) are insignificant, orthere are overriding considerations that outweigh
the potential impacts;
There are no potential environmental impacts identified with the formation of the Mills
Act program.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1.. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. New Subsection. Title 16, Chapter 16, Section 135 of the Arroyo Grande
Municipal Code is amended to add a Subsection "G," entitled "Historic Resource
Protection Tax Incentives" as follows:
"G. Historic Protection Incentives. In addition to any other incentive of federal or
I Historical Property Contracts ( "Mills Act Contracts') with the City. A Mil
resource protection tax incentive program may be established by
resolution: This subsection will implement State law (Government Code S
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 6
et. seq.) allowing the approval of Mills Act Contracts by the City with Owners of
I
qualified historic properties within the City."
SECTION 3. Amendment to Section 16.16.135 Minor use permit— Historic
resource or district designation.
D. Designation Process. Historic resources and historic districts shall be
designated by the community development director, planning commission
or city council upon the recommendation of the HRC a@ in the
following manner:
Initiation of Designation. Designation of a historic resource or a historic
district may be initiated by: (a) the owner of record of the property or
resource, (b) the HRC;'_ °S, (d) the community development
director; (e) the planning commission, (f) the city council, (g) by any
resident of the city+of Arroyo'Grande,,.or (h) any organization with a
recognized interest in historical preservation. Appli'cations�for
designation originating from other than the HRC must be accompanied
by such historical and arch itectural.information as is required by the
committee'to make an informed recommendation concerning the
application; together with the fee set by the city council.
Notice. The HRC shall publish and transmit a notice informing property ,
owners of historic resources proposed to be designated and all
interested parties of the time and location of all meetings in which the
designations will be discussed and considered.
Advisory Recommendations. The HRC 5Q.tri6-,AR u shall make
recommendations on a proposed designation of a historic resources or
historic districts to, the community development director.
4. Community Development Director Decision. Except'Jorconcurrent
applications as provided for ire Section 16.12.070, the community
developmentAitector'is authorized to approve minor use permits for
historic resource and historic:distri'ct designations, subject to the
appeal provisions of_Section 16.12.150. The community development
director shall prepare a written decision that shall contain therfindings
of fact upon which such decision is based. Copies of the decision shall
be provided to the applicant and owners of the designated property or
properties within the proposed historic district.
5. Public Hearing. A public hearing by the planning commission, pursuant
to_Section 16.12.160 of this title„ shall be scheduled in the event that I
the property owner does not consent to the application for a proposed
designation.
RESOLUTION NO. 13 -2186'
JUNE 4, 2013
PAGE 7
' 6. Findings. The community development director or the planning
commission if the property owner does not consent; may designate the
listirig of a property as a historic resource only if,all of'the following
findings of fact-can be made in an affirmative manner:
a. The proposed project 'is consistentwith the goals, objectives,
policies and programs of the Arroyo Grande general plan;
b. Based upon consideration of information °submitted, in the
record during the Historic Resource designation process the
property meets any of the criteria listed in subsection B of
this section;
C. The resource retains the integrity of the design, has not been
inappropriately: (i) altered; (ii) relocated; (iii) added to; or (iv)
remodeled.
7. Suspension of Work. While the community development director,
planning commission or city council, on appeal, is considering a
historic designation, all development and building work on the site
proposed for historic designation shall be suspended.
SECTION 5. Severability: If any section, subsection, subdivision, paragraph, sentence,
or clause of this Ordinance or any part thereof is for any reason held to, be unlawful, such
' decision shall not affect the validity of the remaining portion of this ,Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, subsection, subdivision, paragraph, sentence, or clause be
declared unconstitutional.
SECTION 5. Ordinance Summary. A summary of this Ordinance shall be
published in a newspaper and circulated in the City of Arroyo Grande at least five (5)
days prior to the Planning Commission meeting at which the. proposed Ordinance is to
be adopted. A certified copy of the full text of the proposed Ordinance shall be posted
in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance,
the summary with the, names of those City Council Members voting for and against the
Ordinance shall be published again, and the City Clerk shall post a certified copy of the
full text:of such adopted Ordinance.
SECTION 6. This Ordinance shall take effect thirty (30) days,after its adoption.
RESOLUTION NO. 13: -2186
JUNE 4, 2013
PAGE 8
On motion of Council Member
following roll call vote to wit:
AYES:
NOES:
ABSENT:
seconded by Council Member
The foregoing Ordinance was adopted this day of
TONY FERRARA, MAYOR
ATTEST:
, and on the
2013.
KELLY WETMORE, CITY CLERK I
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
/_l) :T6TTl 4 O7FMIto77m1NJAA
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION, NO. 13- 2186,'
JUNE 4, 2013
PAGE 9
IExhibit "B"
RESOLUTION NO.
A RESOLUTION OF THE :CITY COUNCIL OF 'THE CITY
OF ARROYO GRANDE ESTABLISHING THE MILLS ACT
HISTORIC RESOURCE PROTECTION; TAX INCENTIVE
PROGRAM.
WHEREAS, on 2,01,3; the, ,Planning Commission recommended
adoption of Ordinance No. "adding subsection "G" to Section 16.16.135 of the
Arroyo +Grande Municipal Code relating to;the enactment of Mills,Act Historical,Property
Contracts (('Mills Act iContracts'') for property tax relief and for the protection of historic
properties; and
WHEREAS,, Subsection, 16'.1&135tG specifically allows =owners of qualified historic
resources,to apply for'Mill%Act Contracts with the ,City;: and
WHEREAS,, the Mills -Act„ codified, at Government Code "Section 50280 et� seq.,
encourages the preservation, restoration, rehabilitation, and ,maintenance-of historic,
properties in accordance with 4heaSecrefa " "ry�of the Interior's Standards for the Treatment
of Historic Properties; and
WHEREAS, the Mills Act permits cities to enter into Mills Act Contracts with owners of
qualified historic, properties to protect and' maintain their properties in exchange for the
County Assessor assessing their propert y at a lower property tax rate by' utilizing a
formula established by the State of California; and
WHEREAS, the City Council 'ffindsoand.determines. that entering into Mills Act,Contracts
is an' incentive for'owners'of d"esignated',historio properties to, preserve, rehabilitate,
restore and maintain those properties;: and
WHEREAS, The' City Council further finds that the protection of these, properties will
support the, goals ;and; objectives in the Land Use Element of the City General Plan
concerning the preservation of ,historically isignificant properties;,;and, foster `economic
incentives'to protect, properties of historic _significance; and
WHEREAS, the ,City Council hereby desires to establish procedures for,the enactment
of,a Mills�Act historic resource, protection tax"incentiVe program; and
WHEREAS The: Community Development Director has ,determined' that establishment
of. the Mills Act Program'is not a "project" as defined, by Section 15378 of`the California.
' Environmental Quality Act as it,.applies to existing development and does, not have the
potential to result in a direct physical,change irgthepenvironment.
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 10
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande ,
adopts the Mills Act implementation program and the sample contract form subject to the
example set forth in Exhibit "A ", attached, hereto and incorporated herein by this reference.
On motion by Council Member , seconded by Council Member and by
the following roll .call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of , 2013
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:,
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 11
' EXHIBIT "A"
The Planning Commission hereby establishes the Mills Act Historic Resource
Preservation Tax Incentive Program, allowing up to historic properties to be
included in the program annually, subject to the following requirements:
A. Application Requirements.
1. Application. A property owner shall complete an application form provided
by the Community Development Director. The, ,application shall include,
but not be 'limited' to, the following: (a) historic property description, (b)
detailed proposed preservation work plan narrative, that describes the
improvements, maintenance and preservation over the life of the contract;
(c) grant deed and property ownership statement; (d) estimated property
tax savings; (e) estimated cost of improvements and estimated timing for
completion of the improvements; (f) photographs of the property and any
other information requested by the Community Development Director.
2. Fees. The City may charge a fee to recoup all Mills Act Contract
processing and administrative costs.
3. City Review and Historic Resources Commission recommendation. Once
the application is complete, the Community Development Director will
t request that the Historic Resources Commission review the application
and make recommendations to the City Council on the merits of the
proposed application. The Historic Resources Commission may propose
modifications to the work plan as.it deems necessary,.
4. City Council Action. The Community Development Director shall request
City Council consideration of the Mills Act Contract. The City Council may
in its sole and absolute discretion authorize the execution of the Mills Act
Contract.
B. Provisions in Mills Act contracts.
1. All Mills Act Contracts shall comply with the provisions listed in the Mills
Act, which include, but are not limited to, the following:
a. The term of the Mills Act Contract shall be for a minimum often years.
b. For,the preservation of the historical property and, when necessary, to
restore and rehabilitate the property, the owner must conform to the
rules and regulations, of the Office of Historic Preservation of the
Department of Parks and Recreation, the United States Secretary of
the Interior's Standards for Rehabilitation, and the' State Historical
Building Code.
c. The owner shall agree to an inspection of the exterior, and when
applicable, the interior of the premises by the City, County, or City and
County, prior to a new Mills Act Contract, and every five years
' thereafter, to determine the owner's compliance with the Mills Act
contract.
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 1'2
d. The Mills A&Contract,shall be binding upon, and inure to the benefit '
of, all successors in interest of'the owner. A successor in interest shall
have the:same rights and obligations under the Mills Act Contract as
the original owner who entered into the Mills Act Contract.
e. Each Mills Act Contract, shall provide that on the anniversary date', of
the contract or such other annual date as is specified in the Mills Act
Contract, a year shall be added automatically to the initial term of the
Mills Act Contract unless notice of nonrenewal is given as provided
under the Mills Act.
f. No later than twenty days after the City enters into a contract with an
owner, the City Clerk shall record with the County Recorder a copy of
the Mills Act Contract.
C. Mills Act Contract.
The Community Development Director shall maintain a current form Mills Act
Contract, which will include all of the provisions specified by State law.
SAMPLE CONTRACT '
HISTORIC PROPERTY MILLS ACT CONTRACT BETWEEN THE CITY OF ARROYO
GRANDE AND THE OWNER OF THE HISTORIC PROPERTY LOCATED AT
, IN THE CITY OF ARROYO GRANDE AND COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA
This historic property Mills Act contract (hereinafter referred to as the "Contract "), is
made and entered into this _ day of , 2013, by and between the City of
Arroyo Grande, a municipal corporation (hereinafter referred to as the "City "), and
(Hereinafter referred to as "Owner "), and collectively
referred to as the "parties."
Section 1. Description of Preservation Measures. The Owner, Owner's heirs, or
assigns hereby agrees to undertake and complete, at their expense, the preservation,
maintenance, and improvement measures described in the work plan set forth in
"Exhibit A" attached hereto.
Section 2. Effective Date and Term of Contract. This Contract shall be effective and
commence upon recordation and shall remain in effect for an initial term of ten (10)
years thereafter. Each year upon the anniversary of the Contract's effective date, such
initial term will automatically be extended as provided in California Government Code
Section 50280 et. seq., and in Section 3, below, unless notice of nonrenewal is given as
provided in Section 50280.
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 13
' Section 3. Agreement Renewal and Non - renewal.
A. Each year on the anniversary of the effective date of this Contract (hereinafter
referred to as "annual renewal date "), a year shall automatically be added to
the initial term of this Contract unless written notice of nonrenewal is served
as provided herein.
B. If the Owner or the City desires in any year not to renew the Contract, the
Owner or the City shall serve written notice of nonrenewal of the Contract on
the other party. Unless such notice is, served by the Owner to the City at least
ninety (90).days pciorrto the annual renewal date, orserved by the City-to the
Owner at least sixty (60) days prior to the annual renewal date, one (1) year
shall automatically be added to the term of the Contract as provided herein.
C. Upon receipt by the Owner of a notice of nonrenewal from the City, the Owner
may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal
in any year, the Contract shall remain in effect for the balance of the term
then remaining.
' Section 4. Standards and Conditions. During the term of this Contract, the historic
property shall be subject to the following conditions:
A. Owner agrees to preserve, ,maintain, and, where necessary, restore or
rehabilitate the property to conform to the rules and regulations' of the Office
of Historic Preservation of the Department of Parks and Recreation, the
United States Secretary of the Interior's Standards for Rehabilitation, the
State Historical Building Code, and the work plan described in Exhibit A, to
the satisfaction of the Community Development Director or his designee.
B. The Community Development Director shall be notified by the Owner of
changes to character - defining exterior features prior to their execution, such
as major landscaping projects and tree removals, exterior door or window
replacement, repainting, remodeling, or other exterior alterations requiring a
building permit. The Owner agrees to secure all necessary City approvals
and /or permits prior to changing the buildings use or commencing
construction work.
C. Owner agrees to an inspection of the exterior and if applicable, the interior of
the premises by the City, County, or City and County, prior to a new Contract,
and every five years thereafter, to determine the Owner's compliance with the
Contract.
D. Owner agrees that property tax savings resulting from this Contract shall be
used for property maintenance and improvements as described in Exhibit A.
RESOLUTION N0.13-2186 JUNE 4,201 ;
PAGE 14
El The following are prohibited:, demolition or partial demolition of the historic '
property";+ exterior "alterations or additions not in keeping with the standards
listed .above; dilapidated, deteriorating, or unrepaired istructures such as
fences,. roofs, doors; walls, windows; outdoor storage of,junk, trash, debris,
appliances, or furniture visible from Tapublic, way; or any device, 'decoration;
structure; or vegetation that is unsightly due, to; lack of maintenance or
because such ',feature, adversely affects, or is "visually incompatible with, the
buildings recognized historic character, significance, and design
determined by the Community Development Director.
Section 5. Furnishing of Information. The Owner agrees to furnish any, and all
information requested by the City that may be necessary or advisable to determine
co mpliancewith.the.terms and provisions of this;Contract.
Section 6. 'Cancellation.
A. The City, following a duly - noticed public hearing, by the- City Council as set
forth in Government Code Section 50285,, may cancel' this; Contract, if' it
determines that the Owner has ,breached any of the conditions of this
Contract' or' has allowed the property to deteriorate to thel point that it no
longer meets the standards for a' qualified historic property; or if the City '
determines thatthe Owner has failed to preserve; maintain, or rehabilitate the;
property, in.the manner :specified'in Section '4 ofthis Contract: If a Contract-i&
cancelled because of failure of the Owner to' preserve, maintain,, and
,rehabilitate'the historic property as specified above„ the Owner shall pay a
cancellation fee to the State Controller as: tset ;forth in Government Code
Section ,50286,, which 'states that 'the, fee' ;shall be 1�2 Y2 '%o of the 'current
market value of the property, as determined by the County Assessor, without
regard. °twany ^restriction imposed with this, Contract.
B. If the; historic property is acquired 'in whole or in part by eminent domain or
other acquisition by any entity authorized' to ekercise the power of eminent
domain„ and: the City Council determ i nest that the acquisition frustrates the
,purpose of the Contract, the Contract shall be ;cancelled and no,fee, imposed,
as specified in',Government;,Code ,Section 50288.
Section 7. Enforcement of Contract. If the City determines that the Owner has
breached any of'ther conditions provided for in this Contract =or has allowed the property
to deteriorate to the point that it no longer meet's the standards, fora , qualified historic
,property, .the, City may bring ;an iaction in court necessary to enforce 'the Contract,
including, but.nof limited to,, an,action to,enforce`the Contract by specific,performance or
injunction., '
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 15
' Section 8. Binding Effect of Contract. This Contract will be binding upon, and inure to
the benefit of, all successors in interest of the Owner. A successor in interest shall have
the same rights and obligations under the Contract as the original Owner who entered
into the Contract.
Section 9. Notice. Any notice required by the terms of this Contract shall be sent to the
address of the respective parties as specified below or at other addresses that may be
later specified by the parties hereto.
To City: Community Development Director
300 East Branch Street
Arroyo Grande, CA 93420
To Owner:
(Insert Owner's. address)
Section 10.
General Provisions.
A.
None of the terms, provisions, 'or conditions of this Contract 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 venture.
B.
The Owner agrees to hold the City and its elected and appointed officials,
officers, agents, and employees harmless from liability for damage or claims
'
for damage for personal injuries, including death, and claims for property
damage that may arise from the direct or indirect use or activities of the
Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the owner's behalf that relates to the use, operation,
maintenance, or improvement of the historic property. The Owner hereby
agrees to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions
for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in ,connection with the historic property, ;excepting However
any such claims; or actions that are the result, of the sole negligence or willful
misconduct of City, its officers, agents, or employees.
C.
This hold'harmless provision applies to all damages and claims for damages,
suffered, or alleged to have been suffered, and costs of defense incurred ", by
reason of the operations referred to in this Contract regardless of whether or
not the City prepared, supplied, or approved the plans, specifications, or other
documents for the historic property.
D.
In the event any of the" provisions of this Contract 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 affected thereby.
RESOLUTION NO. 13 -2186
JUNE 4, 2013
PAGE 16
E. This Contract shall be construed and governed in -accordance with the laws of '
the State of California.
F. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
Section 11. Recordation and Fees. No later than twenty (20) days after the parties
enter into this Contract, the City shall cause this Contract to be recorded in the office of
the County Recorder of the County of San Luis Obispo. Participation in the program
shall be at no cost to the Owner; however, the City may charge reasonable and
necessary fees to recover direct costs of preparing, executing, recording, and
administering the Contract.
IN WITNESS WHEREOF, the City and Owner have executed this Contract on
the day and year written above.
OWNER
(Insert name of Owner) (Insert date)
CITY OF ARROYO GRANDE
Tony Ferrara, Mayor
ATT,EST:.
Kelly Wetmore, City Clerk
APPROVED AS TO CONTENT:
Steve Adams, City Manager
• � _ ��i77i7:7bA
Timothy J. Carmel, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
(Insert date) I
RESOLUTION ,NO. 13 -2186
JUNE 4, 2013
PAGE 17
' EXHIBIT A
WORK PLAN- MAINTENANCE AND IMPROVEMENT MEASURES FOR THE
HISTORIC PROPERTY LOCATED AT
ARROYO GRANDE, CALIFORNIA.
1. Owner shall preserve, restore, and maintain the historic property, including its
character- defining architectural and site'features in good condition, to the
satisfaction of the Community Development Director or his designee,
2. Owner agrees to make the following improvements and /or repairs during the term
of this Contract but in no case later than ten (10) years from the effective date of
the Contract. All changes or repairs shall be consistent with the standards
adopted by the Historic Resources Committee and the Secretary of the Interior's
Standards,for the Treatment of Historic Properties:
(Insert improvements and repairs to be made by the Owner)
RESOLUTION .NO. 13- 1186'
"JUNE 4, 2013
PAGE 18,
Exhibit "C' -' 1
RESOLUTION NO..
A RESOLUTION OF THE CITY COUNCIL, OF THE 'CITY
OF ARROYO' GRANDE ESTABLISHING THE HISTORIC
PRESERVATION AWARD.PROGRAM.,
WHEREAS, the City Council of the City of Arroyo Grande has•'reviewed 'the, ilifstoric
preservation, award program,at a duly noticed public hearing on ; 2013,yand
WHEREAS -,, The, City Council finds thatthe protection' of these properties will support
the goals and :objectives'ih the Land Use Element of the City,General Plan concerning
the preservation of historically significant,properties and foster "economit incentives to
protect properties of historic significance; and
WHEREAS,, the ,City Council hereby desires to establish' incentives for the" protection of
these resources through an awards program for property owners committed to the
protection of their historic resources,
NOW, THEREFORE BE IT RESOLVED by the City Council' of the City of Arroyo
Grande the historic preservation award `program as follows:, '
PRESERVATION AWARD PROGRAM
1. Nominations will be evaluated by criteria developed by the Historical Resources,
Committee.,
2. Preservation', Awards, will .be awarded annuallygand will be presented by representatives
of the City ',,Staff'and'the Committee.
,3 All properties being considered'foran Award',must meetthe,foll_owing conditions:
a) There should be noaobvious signs of needed maintenance on the:p"roperty:,
b) Small attached, businesses may be.,judged individually or may qualify for a ,group
award„ per'the discretion;of the,Committee'.
c) The exterior portions of any buildings visible to the public will be included', in the
assessment.
RESOLUTION NO. 13 =2186
JUNE 4, 2013
PAGE 19
' On motion.of Council Member
following roll call vote towt-�
,'seconded by Council Member
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this day of
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
IAPPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
,..and,on the
2013.