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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.