Sie sind auf Seite 1von 79

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2016-1183
September 13, 2016
Orders
TO:

Honorable Mayor and City Council Members

SUBMITTED BY:

Marc Wiener, Community Planning and Building Director


Matthew Sundt, Planner

APPROVED BY:

Chip Rerig, City Administrator

SUBJECT:

Consideration of four Mills Act Contracts for four existing historic residences located in
the Single-Family Residential (R-1) Zoning District

RECOMMENDATION
solution to purchase a new forestry truck.
Adopt the Mills Act Contracts for MA 16-269/HOLTKAMP; MA 16-246/RHEAUME; MA 16-264/SLINGERLEND
SPEERS; and MA 16-203/LONERGAN
BACKGROUND / SUMMARY
The Mills Act was enacted by the State of California in 1972 as a way of encouraging partnerships between
local governments and property owners of historic resources. Carmel is a voluntary participant in the Mills Act
program. The Mills Act contract is for a period of 10 years and includes renewal provisions. The property
owner agrees to specific rehabilitation/restoration efforts that occur over the life of the contract. In turn, the
property owner receives a reduced property tax assessment. The assessment is performed by the Monterey
County Assessors Office. The City benefits by having historic resources rehabilitated and maintained, while
the property owner benefits by having a reduced tax burden, which in turn reduces property tax subventions to
the City.
The Citys Historic Preservation Ordinance (CMC 17.32.100) offers Mills Act contracts as a potential benefit to
property owners of historic resources that are listed on the Citys Historic Register. The Historic Resources
Board (HRB) is advisory to the City Council on Mills Act contracts. Staff notes that four Mills Act applications
were received by the City since the beginning of 2016, all of which are being considered at this meeting.
Municipal Code Section 17.32.100.B.6 establishes specific findings that must be made by the City in order for
the property to qualify for a Mills Act contract. The HRB determined that each of the applications was
consistent with the following required findings:
Finding #1: The building is designated as an historic resource by the City.
Finding #2: The proposed rehabilitation and maintenance plan is appropriate in scope and sufficient in
detail to guide rehabilitation and long-term maintenance. Required maintenance and rehabilitation
should be more significant than just routine maintenance that would be expected for any property.

186

Finding #3: Alterations to the historic resource have been in the past, and will continue to be in the
future, limited to interior work and to exterior rehabilitation and alterations that:
(A)
(B)
(C)
(D)
(E)

Comply with the Secretarys Standards (future additions only), and


Do not significantly alter, damage or diminish any primary elevation or character-defining
feature, and
Do not increase floor area on the property by more than 15 percent beyond the amount
established in the documented original or historic design of the resource, and
Do not result in any second-story addition to a single-story historic resource
Meet all zoning standards applicable to the location of the property.

Finding #4: The Mills Act contract will aid in offsetting the costs of rehabilitating and/or maintaining the
historic resource and/or will offset potential losses of income that might otherwise be achieved on the
property.
Finding #5: Approval of the Mills Act contract will represent an equitable balance of public and private
interests and will not result in substantial adverse financial impact on the City.
At the July 18, 2016 HRB meeting, all four Mills Act contract applications were reviewed by the HRB. Staff
notes that the Citys current policy only allows up to three contracts per calendar year and as a separate item
on this agenda the Council will consider whether to revise the policy to allow additional contracts.
Nevertheless, the HRB recommended that the Council approve all four contracts, and based on necessity that
Mills Act application (MA 16-203) for the Lonergan residence be postponed until 2017, should the Council
choose not to revise the current policy to allow more than three contracts.
For each of the following applications, there are attachments herein to include the DPR 523 Form, Site
Photographs, the Maintenance and Rehabilitation Program, and the Mills Act Contract.
SLINGERLEND SPEERS Mills Act Contract (MA 16-264): The Gertrude S. Eells House, also known as
the Las Abuelas (the grandparents) property is located at the Northwest Corner of Santa Lucia Avenue and
San Carlos Street. The residence sits on an irregular shaped parcel approximately 11,000 square-foot in size.
The residence is approximately 3,352 square feet and is of the Spanish Eclectic style; it is wood framed and
two-stories. The home was designed and built by M.J. Murphy in 1928. Mr. Murphy was the first major builder
in Carmel who produced over 350 residential and commercial designs between 1902 and 1940. He is listed in
the Historic Context Statement as one of the notable Designers and Builders of Carmel. The property also has
a two hundred plus year old Wolf Pine that is believed to be the oldest of its species yet found in the United
States.
The Maintenance Program includes significant work such as structural beam replacement, drainage
adjustments, foundation repair, window and door restoration, repair plaster, restoration/repair second level
deck, etc. The HRB unanimously recommended that the City Council approve a Mills Act contract for this
residence in 2016.
HOLTKAMP Mills Act Contract (MA 16-269): The subject property is located at the southwest corner of San
Carlos Street and Twelfth Avenue and is developed with a 1,371-square foot, one-and-one-half-story, woodframed Tudor Revival style residence, irregular in plan, resting on a concrete foundation with full basement.
Per the DPR Form 523 prepared in 2002, the residence is known as the Ross E. Bonham House. It was
designed by George Mark Whitcomb and built in 1926. Mr. Whitcomb was a resident of Carmel commencing
in 1919 and responsible for building numerous small cottage around Mtn. View Street and 8th Avenue that
exhibit his familiarity with the Storybook sub-style of the Tudor Revival.
The Maintenance Program includes a mix of significant and routine maintenance, which is typical of many Mills
Act projects as indicated in the attached work program. The significant work includes altering existing drainage
to direct water away from the house, upgrading the electrical and plumbing systems, repairing the chimney,
replacing the existing composition roof with wood shake, seismic retrofitting the foundation, and repairing
interior/exterior plaster. The HRB unanimously recommended that the City Council approve a Mills Act
contract for this residence in 2016.

187

RHEAUME Mills Act Contract (MA 16-246): The Francis Whitaker Cottage property is located on Vista
Avenue, 2 NW of Mission Avenue. The residence is a one-story, wood-framed Craftsman cottage with the
exterior walls clad with smooth cement stucco and a low-pitched intersecting gable roof. The cottage sits well
back on the 4,000 square foot lot with a rustic grape-stake fence and an informal landscape setting of mature
oaks, flowers and low shrubbery. It was constructed in 1928.
The Maintenance Program includes mostly routine maintenance to include painting, roof inspection and
maintenance, refinishing deck, maintain gutters, and termite treatment. Significant work includes repair to front
porch and chimney. The HRB unanimously recommended that the City Council approve a Mills Act contract for
this residence in 2016.
LONERGAN Mills Act Contract (MA 16-203): The subject property is located at the northeast corner of
Dolores Street and Twelfth Avenue and is developed with a 1,042-square foot vernacular-style residence that
was built in 1929/1930 by one of Carmels Designer/Builders, Mr. Frederick Bigland (1889 1971). Mr.
Bigland is listed in the Historic Context Statement as one of the notable Designers and Builders of Carmel.
The residence was constructed for Mr. Lloyd Miller (thus reference to the Lloyd C. Miller Cottage in DPR
Form 523), an early Carmel gas station owner/operator. There is also an approximately 352 square foot
detached garage that was also built in 1930 by Mr. Bigland.
The Maintenance Program includes The significant work includes restoring steel casement window, repair and
paint damaged rafter tails, correcting east elevation drainage issues, replace sill plates and sub-floor wall
framing damaged from uncontrolled drainage from the east side of the property, and restoration of garage
doors. The HRB unanimously recommended that the City Council approve a Mills Act contract for this
residence in 2017 if the Council does not change the policy to allow for more than 3 contracts annually.
FISCAL IMPACT
The City will have a diminished tax base from each of the subject properties for the term of the contract. (+
PRIOR CITY COUNCIL ACTION
None.
ATTACHMENTS
SLINGERLEND SPEERS Mills Act Contract (MA 16-264)
1.A - DPR 523 Form
1.B - Photos
1.C - Maintenance and Rehab Plan
1.D - Contract
HOLTKAMP Mills Act Contract (MA 16-269)
2.A - DPR 523 Form
2.B - Photos
2.C - Maintenance and Rehab Plan
2.D - Contract
RHEAUME Mills Act Contract (MA 16-246)
3.A - DPR 523 Form
3.B - Photos
3.C - Maintenance and Rehab Plan
3.D - Contract

188

LONERGAN Mills Act Contract (MA 16-203)


4.A - DPR 523 Form
4.B - Maintenance and Rehab Plan/Photos
4.C - Contract

189

of.cainornia

: State
=-~ rtie.Fie$.ouices-Aii&ili;:f : ----
QEPA'RTMEN?. Of' PA'RKSAND RECREATION

P~lm~ry

Attachment
1.A
.
::--.------- - DPR 523
.

il

- . - ----,-~- - - ~---- ~ - --

; pRJMARY RECORD

~ --:---,--- -~"' ----~ -

--;---. ;

_.: ---- -:~--~ ~-- - - --..:;.....:---~---~~~~~_;.:__ :.:. ~. . ... ....

HRf .#

______

:_

Trinomial . ------~-- ----- -- --- - ........ ____ .. ... _..,._,_"~---~.~---~..,. . ,..,. . "'~,..---~--- --'---.. NRHP Status Code -

otne~.

551

Ustif1gs
. ., . . . _. . _.
.
. .
7
~~Y!~~:~-~5~~;~::02. ~ ~~~!t~1!!L:~:=-:~:=~=~~~~:::~'" : .... ____ _ _. :.~:::::.::~:.:,~_,;~=:--:. . Q:i!J~ . .""--=::.:::':::.::::-::. .: ::::=~:.:::~J
Page
P1.
P2.

1 of

Resource Name or II: (Assigned by recorder} Las Abuelas

Other Identifier:
Location:
Not for Publication iSJ Unrestricted
a. County Monterey
and (P2b and P2c or P2d. Attach a location Map as necessary.)
b. USGS 7 .s Quad
Date
T
; R
1/4 of

B.M ,

1/4 of Sec

City Carmel by-the-Sea


Zip 93921
c. Address:
d. LrrM: (Give more than one for large and/linear resources}
mEl
mN
e. Other Locattonal Data (Enter Parcel#. legal description, directions to resource, elevation, etc. , as appropriate}
NW cr.

Santa Lucia & San Carlos (Bik

143, Lots 31. 33, 35j

Parcel

No.

010-165-DtS

P3. Description (Urom~ard!smpOOna1s.lrdl:Pd3sgl,mtaBt,an:lm.alefai:rs,size,~arotx:ume.;}

A two-story, wood framed Spanish Eclectic style residence, ell shaped in plan1 resting on a concrete foundation. The exterior wall
ciadding is a textured cement stucco. The principal roof is flat, covered in tar and gravel. On the north side elevation. facing the
inside of the ell, is a slightly lower shed roof, covered in MissiOn tile, capping a Monterey style cantilevered balcony, wlsquare wOOd
posts and a simple balustered rail. This roof form extends over a closed tower at the inside comer of the ell, enclosing an interior
staircase. An open exterior staircase, clad in stucco, runs along the east side of the short leg ot the ell. forming a dramatic arch. It
covers a round-arched entry wlglazed wood doors into the west wing of the building. There are two visible chimneys, both interior
type. The one on the south eievation is centered on the building envelope and appeaf5 as a three-arched. tile~roofed decorative
cap. The second is found west of the inside comer of the ell and is seen as an arched stucco cap. The south elevation is
charactelzed by a partial-width raised, open terrace wtlow balustered rail. It is centered on the building envelope, and reached by
French windows. To its west. a one-story, shed rooted bay, capped w!Mission tile projects from tl'le building envelope, and to the
east a second-floor bedroom addition from the early 1930s, covers a port cochre, wlmassive Garmel stone piers. There is a small,
open second-floor balcony, toward the middle of the elevation, wla simple rMJOd rail and balusters.
,b. Resource .Attributes: (List attributes and codes)

HP2- Single Family Property

P4. Resources Present ~:J Buitding [J Structure [J Object [}Site


fPs~ Ph0i;gr&Pb~Dn;.ang.(f'h0!09;phrequir8d1or~. ~.;~and objects)

HP30- Trees/Vegetation

L...l Element of Distrlct Cl Other (fsolates, etc.j


Psb. ~Ano:(Vew.ciie.ansst~ t#)
Looking NW atthesoulh facing elevation, 911AJ1,
#91!J3..27A

P6. Date Constructed/Age and Sources


CJ Preh)storic 0 Histork 0 Both
1923 ?/1928Carme1Surveyt9894996

P7. Owner and Address


A*.
Franklin

Janme

P.O.Box634

Cannel. CA 93921

P8. Recorded

by;(f\are,~lniatiess)

KentL Seavey

Pre5etVIitionConsullant
3tOLighlhouseAve.
PacllicGrove, CA 93950

P9: Date Recorded:


511312002
P10. Survey Type: (Describe)
Cannel Historic resot~TCe tnwntory- 2001

Report Citation: (Cite survey report and other sources. or enter "none")
nmalby-the-Sea Survey 1989-1996
Attachments f-'1 NONE
F'C ContinuationSheet
r District Record
f"i Rock Art Record
~:::; Other: {Ust)
(~~j L.ocattoo Map f.} Building, Structure, and Object Record (5 Linear Feature Record Ei Artffact Record
C~! SketCh Map
D Archaeologlcaf Record
i ~j Milling Station Record . n Photograph Record

190

Sla'e of C!fli16rilla -The Resources Ag~ncy

BUILDING,
ST.RUCTURE,
AND -------OBJECT RECORD
___. ___ _____
---- ..------------ ------ . ________

....... _,._.

.;..

..,.

.-- _._

~---~~-- -~-----

~..:.- ~-----

...

----~

---------~------'------ -----------~-----__;

Page J.. of 3

Primary # _
HRJ I

DEPARTMENT OF PARKS AND RECREATION

- I

_______ ...,. _____________________________ ---- -------- --5S1


NRHP Status Code

___ .... ,;.......____

~-~-------

Resource Name or #:(Assigned by recorder) Las Abuelas


81 . Historic Name:
82. Common Name:
83. Original Use:

85.
86.

Gertrude S. Eells Hse.

residence
84. Present Use: residence
Architectural Style:
Spanish Eclectic
Construction History: (Construction date, alterations, and date of alterations}
.
Constructed 1923 ?; new construction or expansion 1928 (Garmel Survey 1989-1996); second floorbedroomaddedtoeast
1931-33 (Cbp#2382. 2587); bay window added at SW cr. 1938 (Cbp#406) foundation work nld (GJp#1979); interior remode/1958

(Cbo#3191J

87.
88.

Moved?@ No 0 Yes 0 Unknown Date:


Original location:
Related Features: carport was added about 1958, and a tool shed along the east side of the property line was enclosed.

designer/M.J. Murphy
b. Builder: M.J. Murphy (1928}
810. Significance: Theme: Architectural Development
Area: Carmelby~the-Sea
Period of Significance: 1903-1940
Property Type: single family residence
Applicable Criteria: CR3

89a. Architect

(Discuss importance in 1erms ot historical or architectural context as defined by theme, period and geographic scope. Also address integrity.)

Las Abuelas is signfficant under California Register criteria 3, in the area of architecture as one of the most interesting examples
of the Spanish Eclectic style in Carmel. It is also significant tor the presence of the specimen Wo" Pine. Las Abuelas (the
grandparents). south facing elevation has the character of a 1/at-rooted Mediterranean villa, while the courtyard along the north
elevation is in the Monterey colonial style. As originally constructed in the early 1920s, there was another tun lot on the parcel to
the north. This afford~d the oppottunity to take advantage of a site that allowed spectacular views south toward Pf. Lobos and
Carmel Valley. and at the same time enjoyed a second exterior space, protected from the elements. The mass of the south
elevation reflects light and heat onto the terrace and into the open garden. French windows along the first floor of the north
eleva_tion, and the cantilevered balcony with its dramatic arched exterior staircase, allows indoor/outdoor living on two levels in
almost any weather. Minor changes over time have not significantly altered the original intent of the design.
The property containing Las Abuelas was originally owned by Prof. George Boke, Dean of the Law School at U. C. Berkeley .
Purchased in 1907, it consisted of 8 lots of record. Prot. Boke, who was active in the Forest Theater, sold 3 lots to Charles &
Gertrude Eells. who, according to city records, may have incorporated an existing building into their new home. designed by M.J.
Murphy in 1928. Murphy was the first major builder in Carmel, and produced more than 350 residential and commercial designs
between 1902 and 1940. He more than anyone else established the early residential design character of the village. According to
the current owner there is documentation available that establishes the ttw hundred year old Woff Pine on site as the oldest of its
species yet found in the United States. Las Abuelas clearly reflect the findings of. and is consistant with the 1997 Carmel
Historic Context Statement under the theme of architectural development, and as a site with a significant natural feature.

811. Additional Resource Attributes: (list attributes and codes)


812. References:

HP2- Single Family Property

Carmel bldg. records, Carmel Planning dept., City Hall, Carmel


Carmel Historic Context Statement 1997
Carmel by-the-Sea Survey 1989-1997
Sanborn tire insurance map of carmel 1930-62

813. Remarks:

HP30 - Trees/vegetation

~-------~---

/!
l
l

Zoning R-1
CHGS(AD)

814. Evaluator:

Kent Seavey

Date of Evaluation: 511312002


(This space reserved for official comments.)

..

I
I
J

II

I
i

!
\

191

....~ .!

---

------ ---....

,~-

- --~ --- ----- --

i State oJ California .-- 1tre ResoorcesAQency . .. .


OE?ARTMl!NT
OF PARKS AND- RECREATION
:
.
.
. -

' CON.TlNUATION SHEET-

-- -

-.---- - ----

- ~ -- --- ---~- - - --- ~ -

-.

.
--------- ---- --- ------
Prjmaty /1 ' -'--,----~- :~ -.."~-~~- ..:.~- --~- -- _,-=- ------~- - -- ----

HRl .,

_ ._ ________ ....

________ __ ___ .

"- - .. . .

Trinomiat

~ge

3 of 3
Resource Name or II: (Ass;gned by recorder} Las Abuelas
Aecorded by:Kent L Seavey
Date 5!1312002

Continuation

Update

P3. Fenestration is !fmgular wla combination of rectangular and round- ate/Jed fixed and casement type multi~paned wood 'k'indows.
There are a number ot wooden French doors along all sides of the ground floor as well. The residence sits well back from the NW corner
of Santa Lucia and San C..artos, behind a thieF. screen ot trk1ture trees and shrubbery wta large lawn and low plantings. The entry
courtyard on the north side has perimeter planting beds w1s11r, bbery and tiowers. There is a recent ttvod framed carport. stucco-clad

w/a Mi$sion tile root at the nottn end of the west wing. projecting east into the driveway. On its south side is a t~ hundred year old!M?Jf
Pine, that has been recorded as the oldest living_exampie of its type in tile United States. The San Gartos side ot the property is
skreened by mature vegitation, but also has a stucco fence.

~dRdo:~.~a::ces;in#}

Looking SWat the interior courtyard.


911101, #9183-26A

OPR523L(1!95)

192

r-

<..
l\

Attachment 1.B - Site Photos

193

"'"
r:l.

.,
j
<
..s_

.~

'("'

194

I)

:(
)(J

l\\l

-r-

'

-.1"

boo

195

:s:

196

..

197

~
__.

~
~kb=-'~~-----------------

198

Exhibit B N.W. Corner of Santa Lucia


and San Carlos

Scheduled Work:
Structural Beam Replacment

Speers - Slingerlend Residence


Maintenance Plan

2017

2018

2019

2020

$5,242

$5,243

2021

June 27, 2016

2022

2023

2024

2025

2026

$20,000

Courtyard Patio Drainage/Waterprf


Kitchen Entry Drainage/Waterprf

$4,660

South Lower Deck Rehabilitation

$20,970

2nd Level Deck Rehabilitation/Repair

$4,660

$8,155

Copper Flashing/Waterproofing

$5,359

$5,359

$5,359

$5,359

$5,359

Window and Door Rehabilitation:

$17,825

$17,825

$17,825

$17,825

$17,825

$4,660

J
I

Repair/Replace lintels, plaster,


Wood Gutters Rehabilitation/Install

$7,573

Cement Plaster Rehabilitation

$6,990

Foundation/Footing Repair

$16,310

Masonry Block

$1,048

$6,990

$6,990

$6,990

$6,990

$1,048

$1,048

$1,048

$1,048

$18,931

$18,931

Painting (Exterior and Interior)


Misc. Decayed Framing/Dryrot Repair

$3,883

Excavate to Allow 18 Crawlspace

$3,883

$3,883

$3,883

$3,883

$3,883

$18,931

$1,864

Roof Maintenance/Repair

$2,500

$300

$300

$300

$300

$300

$300

$300

$300

$300

Landscape and Tree Maintenance

$4,800

$4,800

$4,800

$4,800

$4,800

$4,800

$4,800

$4,800

$4,800

$4,800

Subtotals

$26,383

$83,869

$53,462

$40,648

$54,336

$54,336

$19,231

$300

$7,873

$19,231

Total

199

Erik Dyar, Architect


DYAR Architecture
831.915.5602

$359,669

Desmond Nault
Nault Construction
831.236.1480

Attachment 1.C - Maint Plan

11

$18,931

Attachment 1.D - Contract

RECORDING REQUESTED BY:


CITY CLERK
CITY OF CARMEL-BY-THE-SEA
WHEN RECORDED MAIL TO:
NAME:

CITY CLERK
CITY OF CARMEL-BY-THE-SEA

ADDRESS:

CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT

THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and Brad
Slingerlend and Anna Speers (hereinafter referred to as Owner).
RECITALS
(i)

California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;

(ii)

The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the northeast corner of Dolores Street
and 12th Avenue (APN: 010-165-015), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;

(iii)

The property is identified as an historic resource on the City of Carmels Register of


Historic Resources;

(iv)

City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect and preserve the characteristics of historical significance of the Historic Property,
and to qualify the Historic Property for an assessment of valuation pursuant to the
provisions of Article 1.9 (commencing with section 439) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.

NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.

EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.

2.

AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given

200

as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.

NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.

4.

EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely


notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall
remain in effect only for the remaining nine (9) years from the last annual renewal date.

5.

VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to


seek assessment of valuation of the Historic Property pursuant to the provisions of
Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

6.

PRESERVATION OF PROPERTY. Owner shall preserve and maintain the


characteristics of historical significance of the Historic Property. Attached hereto marked
as Exhibit B, and incorporated herein by this reference, is a list of those minimum
standards and conditions for maintenance, use and preservation of the Historic Property,
which shall apply to such property throughout the term of this Agreement. The Owner
agrees to complete rehabilitation and/or maintenance activities of the structure and
comply with such conditions as specified in Exhibit B including the conditions outlined
by the Citys Historic Preservation Consultant. Requests for substantial revisions to the
maintenance and rehabilitation plan shall be reviewed by the Historic Resources Board
prior to implementation. In addition, Owner shall comply with the terms of the Citys
Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further
impede the view corridor with any new structure, such as walls, fences, or shrubbery, so
as to prevent the viewing of the Historic Property from the public right-of-way.

7.

RESTORATION OF PROPERTY. Owner shall, where necessary, restore and


rehabilitate the Historic Property to conform to the rules and regulations of the Office of
Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of
the Interiors Standards for Rehabilitation, State Historical Building Code, and the City of
Carmel-by-the-Sea, all as amended.

8.

INSPECTIONS. Owner shall allow periodic examinations, with reasonable notice


thereof, of the interior and exterior of the Historic Property by representatives of the
County Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, the City and other agencies as may be necessary to determine Owners
compliance with the terms and provisions of this Agreement.

9.

PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.

10.

ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.

201

11.

CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.

12.

ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to


cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.

13.

WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.

14.

BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to


the covenants, reservations and restrictions set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon Owners successors and assigns in title or interest to the Historic Property.
A successor in interest shall have the same rights and obligations under this Agreement as
the original owner who executed the Agreement.
Each and every contract, deed or other instrument hereinafter executed, governing or
conveying the Historic Property, or any portion thereof, shall conclusively be held to
have been executed, delivered and accepted subject to the covenants, reservations and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations and restrictions set forth herein touch and concern the land in that
it restricts development of the Historic Property. City and Owner hereby further declare
their understanding and intent that the benefit of such covenants, reservations and
restrictions touch and concern the land by enhancing and maintaining the cultural and
historic characteristics and significance of the Historic Property for the benefit of the
public and Owner.

15.

NOTICE. 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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:

Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921

202

Owner:

Brad Slingerlend and Anna Speers


PO Box 3787
Carmel, CA 93921

16.

Recordation. 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 Monterey.

17.

The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.

18.

GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in


accordance with the laws of the State of California. Should either party to this agreement
bring legal action against the other, the case shall be handled in Monterey County,
California and the party prevailing in such action shall be entitled to a reasonable attorney
fee which shall be fixed by the judge hearing the case and such fee shall be included in
the judgment together with all costs.

19.

Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.

20.

DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the


Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such
that in the opinion of the City Building Official more than sixty percent (60%) of the
original fabric of the structure must be preplaced, this Agreement shall be cancelled
because the historic value of the structure will have been destroyed. If the Historic
Property is acquired in whole or in part by eminent domain or other acquisition by any
entity authorized to exercise the power of eminent domain, and the acquisition is
determined by the City Council to frustrate the purpose of this Agreement, this
Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section
50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph.

21.

INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.

22.

SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.

203

IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:

By:

_______________________

Date:

__________________

Name: Chip Rerig


Title:

City Administrator

PROPERTY OWNERs:

By:

__________________________

Date: ___________________

Name: Brad Slingerlend

By:

__________________________

Date: ___________________

Name: Anna Speers

204

Attachment 2.A - DPR523


State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION

Primary # --
HAl #
- - - - --

PRIMARY RECORD

Tr i nomial ----.---~~--

5S1

NRHP Status Cocle


Other Listings
Page
P1 .
P2 .

1 of

Review .Code ==~-~R~e:!.v~ie~w.~e~r-======================~D1;},a~t~e::__::======


Resource Name or #: (Assigned by recorder) RossE Bonham Hse.

Other Identifier:
Location:
[l Not for Publication f8J Unrestr icted
a. County Monterey
and (P2b and P2c or P2d . Attac h a Locati on Map as necessary.)
1/4 of
b. USGS 7.5' Quad
Date
T
R

B. M.

1/4 of Sec

City Carmel by-the-Sea

Zip 9392 1
c. Address :
d. UTM: (Give more than one for large andllinear resources)
mEl
mN
e. Other Locational Data (Enter Parcel#, legal description, directions to resource, elevation , etc. , as appropriate)
/

SWCr. San Carlos & 12th (Bik 137, LOt 1)

Parcel No. 010- 164-001

P 3. Descri ption (~rESO.Jrooandits rrap-eerrens.lrc:t.re<Esgl, rrateras,oordibn,alteratK'ns, size, settirg,andtrurdarEs)


A one-and-one-half-story, wood-framed Tudor Revival style residence, irregular in plan, resting on a concrete foundation wlfu/1
basement. The exterior wall cladding is a textured cement stucco wlfalse half-timbering the gable-and-hip roof is covered in a
composition shingle The roof-plane on the north side of the projecting front gable flares over an enclosed entry, w/stuccoed
segmented arches on two elevations. The entry rests on a set of raised concrete steps, and there are two wooden entry doors, one
on the projecting bay side, and one on the east facing facade. There are two stucco-clad chimneys wlbrick caps. An exterior end
gable type is found centered on the a bay at the NE cr. of the building. it is visually framed in some imaginative false half-timbering.
An interior chimnfJy projects from high in the roof-plane of the main building block on the north side-elevation, near the hipped
portion of the roof at its rear (west). There are several small, shed-roofed dormers high in the roof-planes of the east (front) and
south side-elevation. these have either small, single or banded multi-paned wood casement type windows. There is a tall, narrow
window in the gable apex of the east facing bay. Fenestration is otherwise irregular, wla combination of single, paired and banded
multi-paned wood casement type windows, in a variety of sizes. There is a modern wood deck at the SW cr. of the residence, added
in a 1973 minor remodel. A full garage is found below grade at the NW cr. of the building.

P3b. Resource Attri butes: (List attributes and codes)


P4. Resources Present

f8J Building D

Structure

HP2- Single Family Property

Object

Site

District

Element of District

Other (Isolates, etc .)

~dArto:(Vew,date, ocre;sbn#)

P5a Photograph or Drawing (Photograph required for buildings, structures,

P5b.

.... .. -

Looking NWateastfacingfacade, 1019101,#9183-23A

----- .

P6. Date Constructed/Age and Sources


D Prehistoric f8J Historic D Both
1926 Carmel bldg. records

P7. Owner and Add ress


Andree & Marie Stevens
150 East Road, Apt 118
Delray Beach, FL 33483

P8. Recorded by: (f\are,cAllro,andoctltss)


KentL. Seavey
Preservation Consultant
310 Lighthouse Ave.
pacific Grove, CA 93950

P9 . Date Recorded:

101512002

P10. Survey Type: (Describe)


Carmel Historic Resource inventory - 2001

P11 . Report Citation: (Cite survey report and other sources, or enter "none")

Carmel by-the-Sea Survey 1989-1996


Attachments 0 NONE
0 Continuation Sheet
0 District Record
0 Rock Art Record
0 Other: (List)
0 Location Map 12SJ Building, Structure, and Object Record 0 Linear Feature Record 0 Artifact Record
0 Sketch Map 0 Arch aeological Record
0 Milling Station Record 0 Photograph Record

DPR 523A (1.95) HistoryMaker

205

San Buenaventura Research Associates

Page

2 of 3

NRHP Status Code


Resource Name or #:(Assigned by recorder) Ross E. Bonham Hse.

81. Historic Name:


82. Common Name:
83. Original Use:
residence
85. Architectural Style:
Tudor Revival

86.

87.
88.

84. Present Use:

5S1

residence

Construction History: (Construction date, alterations, and date of alterations)


Constructed 1926 (Cbp# 1114); second floor bathroom add. , & wood deck to the rear 1973 (Cbp# 73-28)

0 Yes
Related Features:

Moved? ~ No

Unknown

Date :

Original Location:

B9a. Architect: designer/George Mark Whitcomb


b. Builder: George Mark Whitcomb
810. Significance: Theme: Arch. Devlel I Govt., Civic, Soc. lnstit.
Area: Carmel by-the-Sea
Period of Significance: 1903-1940
Property Type: single family residence
Applicable Criteria: CR2,3
(Discuss importance in terms of historical or architectural context as defined by theme, period and geographic scope. Also address integrity.)

The Ross E. Bonham Hse. is significant under California Register Criteria 2, for the contributions Ross Bonham made to the
community as citizen and mayor. It is also significant under criteria 3, in the area of architecture as a basically unalterd example
of Tudor Revival design by noted Carmel contractor George Mark Whitcomb.
Ross E. Bonham was president of Bonham's hardware on Ocean Ave., and one of the founding members of the Carmel Masonic
Lodge in 1924. He was elected mayor in 1928, serving until 1932. During his tenure in office the City voted to sell the old
bathhouse on Carmel Beach. Perhaps the most important legislation of his term in office was the passage of Zoning Ordinance
No. 96, which reduced the existing zoning in Carmel from four catagories to two, residential and commercial. Other actions of his
city council saw homes limited to one kitchen per single family dwelling, the city's right to limit the number of "paying guests" in
guest houses or rental homes, and defining building height and lot coverage, issues still vexing Carmel city government today.
Bonham's Tudor residence by George Mark Whitcomb is an excellent example of the popular period style. It has the
steep-pitched side gable roof, dominated by one prominent gable w/flared eave lines. Decorative half-timbering present. Tall,
narrow windows are found individually or in multiple groupings, and the large, stucco-clad chimneys are capped wldecorative
brick trim. Of interest is the existance of a full concrete basement wlgarage, an unusual feature in Carmel for the time. Bonham
insisted on it, although contactor Whitcomb tried to disuade him because of the ackward slope on which the below grade garage
was to be sited. While the owner had his way, the record suggests that no car was ever parked in the almost inaccessible bay.
Except for a minor remodel to the rear of the building, in 1973, the Bonham Hse. appears much as it did at its time of construction
in 1926, and would be easily recognized today by anyone who knew it then.

811. Additional Resource Attributes: (List attributes and codes)


HP2- Single Family Property
812. References:
Carmel bldg. records, Carmel Planning Dept., City Hall, Carmel
Carmel Historic Context Statement 1997Hale, Sharron, A Tribute to
Yesterday, Valley Publishers: Santa Cruz, 1980
~
Metz, David, Interview w/George M. Whitcomb, 1978
SAN
Sanborn fire insurance maps for Carmel, 1930, 1930-62

813. Remarks:

II> .

01>

:2:

CARlOS

Zoning R-1
CHCS (ADIGCSI)

814. Evaluator: Kent L. Seavey


Date of Evaluation: 101512002
(This space reserved for official comments.)

206

State of California - TheHesolitces Agency .


DEPARTMENT OF PARKS AND'REC.REATION

coN TINUAT<ION

's:H.EE1Y

.P:rtrliary . # ~-c:::----,-~~~-----

. ,HRJ';.c:./r

i'rlo,drfll~t

~~----~----- -----------~~~~~.~~~----------~~--~~-~~~--=-------~~--~~------~

Page 3 of 3
Resource Name or #: (Assigned by recorder) Ross E. Bonham Hse.
Recorded by: Kent L Seavey
Date 101512002

k8J Continuation 0

Update

P3. The house sits on a corner Jot, surrounded by a variety of mature trees, including several redwoods along San Carlos, wlpines, oaks
and an Italian cypress on the 12th Ave. side. There is a low stucco wall around the perimeter wlpointed bollards, and the informal
landscaping includes low shrubbery and flower beds around a grassed lawn.
B10. Whitcomb was a native of Minnesota, who had come to Carmel in 1919, after Navy service in V\.WI as a carpenters mate. Much of
his work was residential, however, he was involved in the construction of the kindergarten at Sunset School. He worked independantly
and with a partner, Miles Bain, who was his job estimator in the late 1920s. ltVhitcomb was a popular builder because of the high quality of
his craftsmanship, and willingness to address the needs of his clients. He designed and built a number of small cottages around Mtn.
View and 8th Ave. that exhibit his familiarity with the "Storybook" substyle of the Tudor Revival. The Ross Bonham Hse. clearly reflects
the findings of, and is consistant with the 1997 Carmel Historic Context Statement under the themes of architectural development, and
government, civic & social institutions.

DPR 523L (1 195) Hlstol)iMaker

207

San Buena ventura Research Associates

Attachment 2.B - Photos


EXHIBITC
EXTERIOR PHOTOS SW CORNER SAN CARLOS & 12TH

208

209

210

Attachment 2.C - Maintenance

REHABILITATION AND MAINTENANCE PLAN FOR HISTORIC TUDOR REVIVAL BONHAM RESIDENCE
SW Corner San Carlos & 12th (Block 37, Lot 1)

SCHEDULED WORK
1. Exterior Dry Rot
a. Windows. Repair/replace wood and broken/glass
b. Doors. Repair/replace wood.
c. Trim. Repair/replace trim
d. Stairs. Remove stairs and door. Fill in door with
wall

2016
$17,000

211

2. Garage Door
a. Replace/restore deteriorated wood
b. Repair or replace vintage hardware

$1,000

3. Driveway
a. Flatwork. Replace concrete with new surface
b. Add strip drains. Repair Sump and Sump drain

$8,000

4. Drainage
a. Repair/correct transition from street to driveway
b. Lot Drainage. Re-grade site to flow water away
from foundation. Add site drains as appropriate
c. Extend downspouts to drain water away from
foundation

$3,000

5. Exterior Siding and Structure


a. Repair/correct rear porch support structure and
siding
b. Fix gap between gutter and house

$2,000

6. Trees
a. Remove Oak Tree
b. Remove Stump
c. Remove Root Tripping hazard
d. Remove tree next to house
e. Remove tree next to kitchen
f. Remove Oleander

$1,500

2017

2018

2019

2020

2021

2022

2023

2024

2025

1 of 4
SCHEDULED WORK

2016

7. Electrical
a. Upgrade to 100 Amp Service
b. Replace existing circuit breaker panels, fuse boxes,
wiring, outlets and switches with code compliant
devices
c. Replace fixtures with period appropriate fixtures

$8,000

8. Plumbing
a. Replace cast iron waste infrastructure with new
code compliant waste infrastructure
b. Replace interior pipes with code compliant pipes
c. Replace fixtures with period appropriate fixtures
d. Re-enamel vintage tub
e. Replace water heater with tankless unit

$30,000

9. HVAC
a. Replace furnace with high efficiency unit
b. Upgrade duct system

$5,000

10. Floors
a. Refinish/repair/expose existing hardwood floors

$4,000

2017

2018

2019

2020

2021

2022

2023

2024

2025

b. Replace kitchen floor - Structural only


c. Replace bathroom floor - Structural only
11. Stairway
a. Replace interior stairway with code compliant
stairway
12. Fireplace
a. Refinish to expose original Carmel stone
b. Fix chimney flu to eliminate fire hazard.
c. Add gas fireplace insert.
13. Roof
a. Replace composition roof with shake shingle roof
b. Roof Inspection

$12,000

$6,000

$35,000

212

2 of 4

SCHEDULED WORK

2016

14. Landscaping
a. Redo flatwork
b. Replace sprinkler system
c. Add drought resistant plants
d. Replace fence
e. Repair and paint perimeter wall
f. Landscape maintenance
15. Replace Front Porch
a. Replace Repair cracked concrete front porch with
new porch of same style

2017

2018

2019

2020

2021

2022

2023

2024

2025

$40,000

$500

$500

$500

$500

$500

$500

$500

$500

$5,000

16. Termite Inspection


a. Conduct periodic termite inspection

$300

$300

$300

$300

17. Kitchen
a. Redo kitchen in similar period style.
18. Bathrooms
a. Redo downstairs Bathroom in similar period style
b. Refinish period tub if possible
c. Redo upstairs bathroom in period style
19. Doors and door hardware
a. Replace/refinish doors throughout house to match
period style.
b. Refurbish/replace door hardware throughout
house consistent with period.
20. Interior Paint and plaster
a. Refinish interior paint and plaster repair consistent
with period style.
21. Exterior Paint and Plaster
a. Repair and touch up exterior paint and plaster.
b. Repaint exterior

$3,000
$1,500

$35,000

$2,000
$25,000

213

3 of 4

SCHEDULED WORK

2016

22. Earthquake
a. Add seismic retrofit fittings and straps in crawl
space.

2018

2019

2020

2021

2022

2023

2024

2025

$6,000

23. Insulation
a. Add insulation in crawl space, walls and attic where
possible.

$2,000

TOTAL

$152,000

Contractor:
JL DiBenedetto Construction
CA License 888685
831-277-0052

2017

$40,000

$800

$500

$800

$25,500

$800

$500

$800

$35,500

Reviewed and Approved by:


Kent L. Seavy, Architectural Historian
831-375-8739
##########
4 of 4

214

Attachment 2.D - Contract

RECORDING REQUESTED BY:


CITY CLERK
CITY OF CARMEL-BY-THE-SEA
WHEN RECORDED MAIL TO:
NAME:

CITY CLERK
CITY OF CARMEL-BY-THE-SEA

ADDRESS:

CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT

THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and
Sharon B. Holtkamp and Kenneth W. Holtkamp AB Living Trust (hereinafter referred to as Owners).
RECITALS
(i)

California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;

(ii)

The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the southwest corner of San Carlos Street
and 12th Avenue (APN: 010-164-001), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;

(iii)

The property is identified as an historic resource on the City of Carmels Register of


Historic Resources;

(iv)

City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect and preserve the characteristics of historical significance of the Historic Property,
and to qualify the Historic Property for an assessment of valuation pursuant to the
provisions of Article 1.9 (commencing with section 439) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.

NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.

EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.

2.

AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given

215

as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.

NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.

4.

EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely


notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall
remain in effect only for the remaining nine (9) years from the last annual renewal date.

5.

VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to


seek assessment of valuation of the Historic Property pursuant to the provisions of
Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

6.

PRESERVATION OF PROPERTY. Owner shall preserve and maintain the


characteristics of historical significance of the Historic Property. Attached hereto marked
as Exhibit B, and incorporated herein by this reference, is a list of those minimum
standards and conditions for maintenance, use and preservation of the Historic Property,
which shall apply to such property throughout the term of this Agreement. The Owner
agrees to complete rehabilitation and/or maintenance activities of the structure and
comply with such conditions as specified in Exhibit B including the conditions outlined
by the Citys Historic Preservation Consultant. Requests for substantial revisions to the
maintenance and rehabilitation plan shall be reviewed by the Historic Resources Board
prior to implementation. In addition, Owner shall comply with the terms of the Citys
Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further
impede the view corridor with any new structure, such as walls, fences, or shrubbery, so
as to prevent the viewing of the Historic Property from the public right-of-way.

7.

RESTORATION OF PROPERTY. Owner shall, where necessary, restore and


rehabilitate the Historic Property to conform to the rules and regulations of the Office of
Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of
the Interiors Standards for Rehabilitation, State Historical Building Code, and the City of
Carmel-by-the-Sea, all as amended.

8.

INSPECTIONS. Owner shall allow periodic examinations, with reasonable notice


thereof, of the interior and exterior of the Historic Property by representatives of the
County Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, the City and other agencies as may be necessary to determine Owners
compliance with the terms and provisions of this Agreement.

9.

PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.

10.

ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.

216

11.

CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.

12.

ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to


cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.

13.

WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.

14.

BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to


the covenants, reservations and restrictions set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon Owners successors and assigns in title or interest to the Historic Property.
A successor in interest shall have the same rights and obligations under this Agreement as
the original owner who executed the Agreement.
Each and every contract, deed or other instrument hereinafter executed, governing or
conveying the Historic Property, or any portion thereof, shall conclusively be held to
have been executed, delivered and accepted subject to the covenants, reservations and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations and restrictions set forth herein touch and concern the land in that
it restricts development of the Historic Property. City and Owner hereby further declare
their understanding and intent that the benefit of such covenants, reservations and
restrictions touch and concern the land by enhancing and maintaining the cultural and
historic characteristics and significance of the Historic Property for the benefit of the
public and Owner.

15.

NOTICE. 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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:

Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921

217

Owner:

Ken and Sharon Holtkamp


10824 Sundial Rim Road
Highlands Ranch, Colorado 80126

16.

Recordation. 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 Monterey.

17.

The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.

18.

GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in


accordance with the laws of the State of California. Should either party to this agreement
bring legal action against the other, the case shall be handled in Monterey County,
California and the party prevailing in such action shall be entitled to a reasonable attorney
fee which shall be fixed by the judge hearing the case and such fee shall be included in
the judgment together with all costs.

19.

Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.

20.

DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the


Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such
that in the opinion of the City Building Official more than sixty percent (60%) of the
original fabric of the structure must be preplaced, this Agreement shall be cancelled
because the historic value of the structure will have been destroyed. If the Historic
Property is acquired in whole or in part by eminent domain or other acquisition by any
entity authorized to exercise the power of eminent domain, and the acquisition is
determined by the City Council to frustrate the purpose of this Agreement, this
Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section
50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph.

21.

INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.

22.

SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.

218

IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:

By:

_______________________

Date:

__________________

Name: Chip Rerig


Title:

City Administrator

PROPERTY OWNERs:

By:

__________________________

Date: ___________________

Name: Sharon B. Holtkamp, Trustee

By:

__________________________

Date: ___________________

Name: Kenneth W. Holtkamp, Trustee

219

Attachment 3.A - DPR523


State of California- The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
I

DRIMARY RECORD

_ __
Page

Primary#
HRI#
Trinomial
NRHP Status Code

551
Other Listings
Review Code
Reviewer
Date
_ _ __________..:..:.:..:..=.::....:::-=-=~-==..:.=..:::::~--============~~-=====..l
of
Resource Name or#: (Assigned by recorder)
Francis Whitaker Cottage

P1. Other Identifier:

P2. Location:

Not for Publication D Unrestricted


and (P2b and P2c or P2d. Attach a Location Map as necessary.)
b. USGS 7.5' Quad
Date
T

a. County

Monterey

;R

1/4 of

1/4 of Sec

B.M.

Zip 93921
City Carmel by-the-Sea
c. Address:
d. UTM: (Give more than one for large andllinear resources)
mEl
mN
e. Other Locational Data (Enter Parcel#, legal description, directions to resource, elevation, etc., as appropriate)

2 Wof Mission, nlside Vista (Bik 4 112. Lots w 112 17 & 19)
Parcel No. 01G-115-006
P3. Description {Desclile resa.rrearo t;rn;p-elemerls.lrd.xledesi!Jl, rraerials. OTdiOl. ale!aiel IS, size, selli'l}. mdbot.rd:lies)

A one-story, wood-framed Craftsman cottage, ell shaped in plan, resting on a concrete foundation. The exterior wall cladding is a
smooth cement stucco. The low-pitched intersecting gable roof has wide overhanging eaves wlexposed rafter tails, and simple
vergeboards at the gable ends. The eaves extend slightly at the inside comer of the ell on the west side, to provide a door hood for
the principal entry. The wood plank entry door is mounted w/hardware fashioned by Francis Whitaker. There is an exterior brick
eave-wall chimney located toward the south along the west side elevation. It opens into a large living room on this leg ofthe ell.
Fenestration is irregular, wla large, fixed multi-paned focal window in the gable-end of the leg to the south, and single and paired
multi-paned wood casement windows in various sizes throughout. A large, raised Carmel stone patio fronts the cottage, w/ a low,
closed rail and open steps. There is a small, wood framed, front-gabled one car garage, constructed in 1950, at the SW comer of
the parcel. It also has hardware fashioned by Mr. Whitaker.
The cottage sits well back on its lot behind a rostlc grape stake fence on rising ground In an informal landscape setting of mature
oaks, flowers and low shubbery.

lb. Resource Attributes: (list attributes and codes)


t Resources Present

Building

n Structure n Object

fJ Site 0 District fJ Element of District 0 Other (Isolates, etc.)

P5ii. Photog.raph.or Drawing "(?tiotographrequired for buildings, structures, and objects}

P5b. l:e.<laponctPhctx ~. dale,acmssial~


(View toward). Photo No: 1009-,.

P6. Date Constructed/Age and Sources:


Prehistoric 181 Historic
Both

1928 Carmel bldg. records

P7. Owner and Address


lil'ynne & Sheila Hutchings Trust
715 Ramona Aw.
Monterey, CA 93940

P8. Recorded by: (Ncme, li!Wal, a'XI atess)


Kent L.Seavey, Preservation Consultant, 310
Lighthouse Ave., Pacific Grove, CA 93950

P9. Date Recorded:

511012002

P10. Survey Type: (Describe)


Carmel Historic Resource Inventory - 2001

. Report Citation: (Cite survey report and other sources, or enter "none")
Jrmel by-the-Sea Survey 1989-1996

o
o

achments 1 1NONE
i Continuation Sheet
0 District Record
Rock Art Record
0 Other: (List)
1 i Location Map 1 Building, Structure, and Object Record
Linear Feature Record
Artifact Record
Archaeological Record
Milling Station Record 0 Photograph Record
1.l Sketch Map

o
o

OPR 523A (1195) HistoryMaker 4

Sllll Bui!OIIYentura Reoeardl As5oclales

220

-State of California - -ftieResources Agency


DEPARTMENT OF PARKS AND RECREATION

1
--qUILDING,
STRUCTURE, AND OBJECT RECORD

Primary#

HRJ#

------------------NRHP Status Code

of

Resource Name or #; (Assigned by recorder)

5$1

Francis Whitaker Cottage

Francis Whitaker Cottage


81. Historic Name:
82. Common Name:
84. Present Use: residence
8 3. Original Use:
residence
85. Architectural Style:
Craftsman
86. Construction History; (Construction date, alterations, and date of alterations)
Constructed 1928 (Cbp#2026); minor addition 1932 (Cbp#2512); garage added SW cr of parcel1950 (Cbp#2021)

87. Moved? !><J No : i Yes , i Unknown


Date :
Original Location:
88. Related Features:
front-gabled board-and-batten one car garage SW cr. of parcel, added 1950 (has Whitaker wrought
iron strap hinges on vertical flush board double-doors).
B9a. Architect:
designer/M.J. Murphy
b. Builder: M.J. Murphy
Architectural Development/ Arts & Culture
Area: Carmel by-the-Sea
810. Significance: Theme:
Period of Significance:
1903-1940
Property Type:
single family residence
Applicable Critttria:

CR 2,3

(Discuss importance in terms of historical or architectural context as defined by theme, period and geographic scope. Also address integrity.)

The Francis Whitaker cottage is significant under California Register criterion 2, for the contributions of its original owner to
the craft of ironwork in the United States. It is also significant under criterion 3, in the area of architecture as a basically
unaltered example of the residential work of Cannel master-builder Michael J. Murphy in the 1920s.
Francis Whitaker, bom in 1906, is considered one of the finest ironworkers and artistic blacksmiths in the United States. He
received his formative training in Philadelphia, PA, working as an apprentice to Samuel Yellin, who more than any other
single American ironworker, established iron as an art form in this country. Whitaker worked in the masters Arch Street
Metalworkers Studio for a year before accepting an invitation to Berlin in 1923 to worl< with the noted ornamental smith, Julius
Schramm for two years. Returning home he finally settled in Carmel in 1927, finding employment as an ornamental blacksmith
with M.J. Murphy. He remained with Murphy until the Great Depressi.on, when he went out on his own, and with John Catlin,
established the Forge in the Forest, a Cannel institution, at 6th & Junipero. An ardent environmentalist, 'Miitaker also served
on the Cannel City Council for three terms, from 1952 to 1963_He moved to Aspen, Colorado, where he opened the Mountain
Forge, and began teaching at the Colorado Mountain School in Carbondale. The college now houses the Francis 'Miitaker
Blacksmith School. Whitaker occupied his Vista St. home during the productive period of his creative life in Carmel. Michael J.
Murphy (1885-1949), first came to Cannel in 1902. Two years later Frank Devendorf hired him to be the builder for the Carmel
Development Company. Murphy went on to become the most prolific designer-builder in Carmel's history, with as many as
350 structures to his credit. In 1914 Murphy established his own contracting firm, and in 1924 he opened M.J. Murphy, Inc.,
which sold building supplies, did rock crushing and concrete work and operated a/umber mill and cabinet shop.

811 . Additional Resource Attributes: (List attributes and codes)

HP2- Single Family Property

812. References:
Carmel bldg. records, Carmel Planning Dept., City Hall, Carmel
Carmel Historic Context Statement 1997
Smithsonian Magazine, May, 1993
Southworth, Susan & Michaei,Ornamentallronwork, D.R.
Godine:Boston, 1978
Sanborn fire insurance map, Carmel, 1930-62
813. Remarks:
Zoning R-1
CHCS (ADIAC)

814. Evaluator:
Date of Evaluation:

(Sketch Map with north arrow required.)

Kent L. Seavey
511012002

(This space reserved for official comments.)

- -.
_, ................._ __

. l.

. ~.

VISTA

'1.I

[).-=~Ji
.
::.-......--,
!, :,
'T :.. i'

- - - - - - ------ - ----- - - - -- -___J


D!'R 5238 (1195) HistoryMak9r 4

221

CONTINUATION SHEET
'e
of
-:orded by:

Primary#
HRI#
Trinomial

State of California -The Resources Agency


DEPARTMENT OF PARKS AND RECREATION

Resource Name or#: (Assigned by recorder)


Kent l. Seavey

Francis Whitaker Cottage

Date

5/1012002

~ Continuation

n Update

- - - -- - ----------------- ----

810. Murphy was the most active designer-builder in the area between 1902 and 1940, and did as much to give Cannel its basic
architectural character than any other person.
Kay Ashmead, a woman draftsman with Murphy in the late 1920s drew the plans for the Whitaker cottage. She was one of a number of
women in Cannel's early history identified as contributors to the residential and commercial design of the village. The Francis Whitaker
cottage clearly reflects the findings of, and is consistent with the 1997 Carmel Historic Context Statement under the themes of art &
culture, government, civic and social institutions, and architectural development.

--~--- -- -

-------------- - - -- - -- - - - - - - -- -- - -- - -- - - - -- -- - - - - -

DPR 523L (1195) HisluyMaker ~

222

Attachment 3.B - Photos

Here are pictures of Vista 2NM of Mission, Carmel, CA after we purchased the property on March 3,
2016. We have already started a maintenance plan as we prepare the property for inhabitance. The
work includes landscaping front yard, securing rustic old grape stake fence, installing a new gas fireplace
insert to enable the use of the fireplace as well as interior and some exterior painting.

223

224

225

226

227

228

229

We purchased Vista 2NW of Mission on March 3, 2016. Here are some pictures of the home prior to our
purchase.

230

231

232

233

L.

rfJ

ftem
Palnti_!!J_I1

~ Plln far VIa 2NW of 1Wu1on. c:.w.l. CA

rlor & one exterior waU


IJin~- remove dead tfea/planU expose carmel stone Will front porch
~1 Flrep~sert needed to Install to use fireplace
Electrical- fireplace Instill
Repair -secure srape stake fence that- fall111_down
carmel stone porch- power wash stone
u~ IPJV
loA' Hardwood ftoors- remove cal]l!t and restore ortplal hw ftoon
Rear porch wire fence Instill kaep out wild animals nestlnJ under porch deck
~e Jftstall new washer and dryer
;,;" Termlnate/subt.erranleum treatment tentrna
Refinish and stlln deck
maintain &utters and landscapJtw
Instal new lllhdscape drip system
Landscape -drouaht tolerant pllints
Repair front carmel Stone JIOfch (as needed)
Bolthousetotttefoundatlon (.~ \\1.'- OAlNJb~)
Inspect foundation make necessary repairs
Exterior Paint -Muse and pra_111
Termlnte Inspection
Funwnce Inspection
Roof Inspection and malnteance
Insulation add In attic for enerav savtnas
Furnanc:e replacement _L 0.. ~~
~ ~heater re_pfacemenet
FlrepiiCle chimney Inspection & repair
Total
-

,...

(!-<'41- ~o.Q \ ~ ~-

2016

2017

2018

2019

2020

2021

2022

2023

2024

2025

2026

$ 5,900
$ 900
$ 5,308
$ 320
$ 800
200
$
$ 4,000
$
$

700
838

$ 1,000

$ 2,000
$ 1,500

$ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400
$ 1,500

$ 2,000
$ 2.500
TBD

TID

$ 12,000
$
$

$
$

400

400

400
400

300
$ 2,000

300

400

$
$

400
300

$11,000

$ 10,000

$ 3,000

totll

118,1~ ~ _1!_6~700 $ 2,401)_ __!___~ _$ 25,70Q. ~400 $ 12,400 $ 3,500 $ 2,.400 $ 2400 $ 97,166

Attachment 3.C - Maint Plan

234

Attachment 3.D - Contract

RECORDING REQUESTED BY:


CITY CLERK
CITY OF CARMEL-BY-THE-SEA
WHEN RECORDED MAIL TO:
NAME:

CITY CLERK
CITY OF CARMEL-BY-THE-SEA

ADDRESS:

CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT

THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and Ken
Rheaume (hereinafter referred to as Owner).
RECITALS
(i)

California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;

(ii)

The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the northeast corner of Dolores Street
and 12th Avenue (APN: 010-115-006), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;

(iii)

The property is identified as an historic resource on the City of Carmels Register of


Historic Resources;

(iv)

City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect and preserve the characteristics of historical significance of the Historic Property,
and to qualify the Historic Property for an assessment of valuation pursuant to the
provisions of Article 1.9 (commencing with section 439) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.

NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.

EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.

2.

AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given

235

as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.

NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.

4.

EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely


notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall
remain in effect only for the remaining nine (9) years from the last annual renewal date.

5.

VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to


seek assessment of valuation of the Historic Property pursuant to the provisions of
Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

6.

PRESERVATION OF PROPERTY. Owner shall preserve and maintain the


characteristics of historical significance of the Historic Property. Attached hereto marked
as Exhibit B, and incorporated herein by this reference, is a list of those minimum
standards and conditions for maintenance, use and preservation of the Historic Property,
which shall apply to such property throughout the term of this Agreement. The Owner
agrees to complete rehabilitation and/or maintenance activities of the structure and
comply with such conditions as specified in Exhibit B including the conditions outlined
by the Citys Historic Preservation Consultant. Requests for substantial revisions to the
maintenance and rehabilitation plan shall be reviewed by the Historic Resources Board
prior to implementation. In addition, Owner shall comply with the terms of the Citys
Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further
impede the view corridor with any new structure, such as walls, fences, or shrubbery, so
as to prevent the viewing of the Historic Property from the public right-of-way.

7.

RESTORATION OF PROPERTY. Owner shall, where necessary, restore and


rehabilitate the Historic Property to conform to the rules and regulations of the Office of
Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of
the Interiors Standards for Rehabilitation, State Historical Building Code, and the City of
Carmel-by-the-Sea, all as amended.

8.

INSPECTIONS. Owner shall allow periodic examinations, with reasonable notice


thereof, of the interior and exterior of the Historic Property by representatives of the
County Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, the City and other agencies as may be necessary to determine Owners
compliance with the terms and provisions of this Agreement.

9.

PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.

10.

ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.

236

11.

CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.

12.

ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to


cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.

13.

WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.

14.

BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to


the covenants, reservations and restrictions set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon Owners successors and assigns in title or interest to the Historic Property.
A successor in interest shall have the same rights and obligations under this Agreement as
the original owner who executed the Agreement.
Each and every contract, deed or other instrument hereinafter executed, governing or
conveying the Historic Property, or any portion thereof, shall conclusively be held to
have been executed, delivered and accepted subject to the covenants, reservations and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations and restrictions set forth herein touch and concern the land in that
it restricts development of the Historic Property. City and Owner hereby further declare
their understanding and intent that the benefit of such covenants, reservations and
restrictions touch and concern the land by enhancing and maintaining the cultural and
historic characteristics and significance of the Historic Property for the benefit of the
public and Owner.

15.

NOTICE. 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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:

Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921

237

Owner:

Ken Rheaume
319 Bishop Avenue
Sunnyvale, CA 94086

16.

Recordation. 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 Monterey.

17.

The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.

18.

GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in


accordance with the laws of the State of California. Should either party to this agreement
bring legal action against the other, the case shall be handled in Monterey County,
California and the party prevailing in such action shall be entitled to a reasonable attorney
fee which shall be fixed by the judge hearing the case and such fee shall be included in
the judgment together with all costs.

19.

Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.

20.

DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the


Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such
that in the opinion of the City Building Official more than sixty percent (60%) of the
original fabric of the structure must be preplaced, this Agreement shall be cancelled
because the historic value of the structure will have been destroyed. If the Historic
Property is acquired in whole or in part by eminent domain or other acquisition by any
entity authorized to exercise the power of eminent domain, and the acquisition is
determined by the City Council to frustrate the purpose of this Agreement, this
Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section
50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph.

21.

INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.

22.

SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.

238

IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:

By:

_______________________

Date:

__________________

Name: Chip Rerig


Title:

City Administrator

PROPERTY OWNER:

By:

__________________________

Date: ___________________

Name: Ken Rheaume

239

Attachment 4.A - DPR523


:-si&ie~c~- TneAesoorcesAQerey
OEPART\I.ENTOF PARKSANC r.ECREATON

Primary #
HRJ tl

PRIMARY RECORD

Trinomial
NRHP Status Code

5S2

Vther Listings
Revlew Code - - Reviewer -- -- --- ..
_ D=ste ...
--------..------------ ---- -Resource Name or 1 : ~.Ass~;Jned by :oooroer; Lloyd:;_Miller Cottage

- -~ -------

Page 1 of 5

P1.
P2.

Other Identifier:
location:
Not for Pubfication . Unrestricted
a. County t.Aontere.v
~nd (P2b ar.d P2c or PM Attach a Location Map as net:essary.)
b. USGS 7.5' Quad
Oa1e
T
: R
1/4 oi

1/4 of Sec

B .U.

c. Adaress:
NE C! 12th 4ve. & Delores s:-.
Cit'J CaTmd-iJy-the-Sea.
Zip 9~921
ti. UTM: (Give more than vr.e for !arge andllinear resources)
f'fEI
mN
e. Other Loca.'~!llla Data IE"''tel Paroei #. legal jescripticn. difectbns to ;eswree, erevat!oo. ate.. as ?pnropr.ste}
Blk131Lot14

Prure! NO. 01()..154-iJQ5


P3. Description ~m$:filim?Jis.~fiBBi:JS.t::ftiiT,..maD6.siie.Hi'Q.wdto.nili:s)
The subject ,DIO{lf1ffy is a one-stmy. ~ameri VemacuJ;Jr coltage. irregular in p/!1.1 resting em e raised foundation rem ON:th a
brick MS'I169T. Thete is inte#or stomge space below the water table oo r,';e 'NeSt s~v&ion. ThP exterior waft clado.'ng is ?
staggerecJ..butt MJOO shir.g1e above the wafer table_with the ~J~icft lef'eer belOw. rne bri..--k hi in a runntlg bond. The k;w-pJJcheC
lilp-and gable roof system hRS Mte. TlSihanging 8S;res wilh exposed rafter-tails having F<i7aP6f/ ends. 1'l7ele is one eJtt81iar
eave-wan bl!r:k chimney presenl. with twu flues. The ln!es are caopec~ b;' 6/dlati br..;;k. spark arr-este~s. The ~nYt8.Y iS Jocatea on
the~ side of the sout11 facing gabled K(rrg. Afl roo! CfWelir>g is in CCJTf)OSilion shingles. added in 1996. Fenestration is, ifregr;lar,
witf1 a se#eG of paired, multi-paned steei..;;asement windows is a variety at sizes and shapes. Decorative p;anked wood shuttBIS.
that oncea.opeared on the larger~. are no ;or.oer prest'Hlt. Tne ~ :mlly. a netterplanked MOOd door. :S located on fhg
east side of the south running gabled bay. at il9inl6fSBCiicn with the nain building block. The eave tfr.-9 of the roiJI extends s.'fghtty
over the entry to form a diJor hood. The entry is accessed across a m:sed open brick f.;afirl. which is pert of the !oundalian.
Or;ginally QPen. it is "ffW:mned wilt"7 a irorizor.IBI wood IFll!in,g.
HP2- ~ Famiiy Property

P3b. Resource Attributee: (Llst atttibfltes ami codes)

P4-. Resoun:es Present ::-:; ~uiltfing .-: Struclm'e ~ Obj8'.:t

Sile ::_- fAstrict

.. E:ement nt Oii1net
Other ilso.l&tes. ac.j
P5b. f)saJfmdRmrJew..~
Looking NWatlflesotllh !ac!nglacade& e.$ktee#e'J.,

KentSeavey.4t:!6/14

P6. Dam ConstructediAge and SoUTces


.:.. F-rah~tc..r.c -~ H~st~:.c =Butt;
1929--30-CBimBIbuik.liJJgIlles

P7. Owner anct Address


Dallfd & Bonnie Wolle

1995Nof!hw!JodRoad

. Nipomo, CA93444.

P9. Vate Recorded:


P10. Survg~ Type: tDescr!i::e;
!nlensiv./J.='QA ~~ :-ellie~

P11. Report CJbitioiJ: ;ore stliii&Y rfipcrt !mG ott-&r sm:rces. or~~~'~
None

AltacfnnMrts - NO".ra:

;_~rJI&u

~ Sfretdl .~

;::; GvnlilluatiorSheet
:.:: Gis:r:lo.t ~e<:cro
-:- 'RecK ~no. .:on :- :nt:i"' .List]
-:-. 9\lifdilln, S".ruc:t~;re. a;~-cl ::.t:~:-.t:<ec.t.::fti ...:. ._w.e<J >C'll\ire r<eo')r J -~ Art;a;t Recor.i
~ Arct~ogicl:<s:\eoon'l
\~l.tr..gStallr..r.F!eccd -:_ ~kl1:-~JnPoocllf

240

r='~~~~~~-- ------ --- --------------Primary--,---- --- -~~=-=-~--- ~-:___-_. . _-_---!


j BUlLDING, STRUCTURE,
AND OBJECT RECORD__.. ______ -HAl
. --- - .. - --- - -- ---------- .... _____
- I-- ---------- -NRHP S1lltus Coc
Resource Heme or #: (Assigned by recorder) Lloyd C. MIIBr Cottage

Page 2 of5

____ j

5S2

81. 1-istoric Name:


B2. Common Name:
83. OriginaJ Use:
feSidsnce
84. Present Use: teSidence
85. ArellitKlUral Styte:
~
88. eon.truc:tton HltJIDrY: (Construction date, altefations. and date~ altenltions)
ConslnJcted 1929-1!180 (CBP#2195): Kilchsn lem0del1965 (CBP# 4281); NeWCOI"I1jX)SiljJn shingle mo/1996 (CBP#fJ6.84);
19-ShingJed, 2009, wllh some door changes (no penn/Is foflnlJ);

87. llond?~ ~ =-.:=Yes - : \.Jr*Jml't Dale:


Originall.ocatiDn:.
B8. Retalad Faalurw: DefBclled1tw bay gB8IJ8. 11BJ(CSPI2f95) ~ fJIII8(JB. squa19 iJ p/all EJdetD' Wlfll dlddii'IJ
and mot same as IJJiUJ house. DeeolaiWe cross-braced flOOd ertry docw.
89a. Archilect: llesPJI!r--FJ~ ~
b. Builder. Ftedelfct Blgland
818. Slgnltfcanee: ThHir. ResiMJiill Atr:hileclu1e
Area: ~
Period of SisPiiftcance: 1929-30
PropedJ' Type: sQJie I'Biril!l 1esitb.:e
Appltcable Crlterla: CR3
{DiacrE8~in!81m8oftisbil:aiEflit8c:lunllCOIII83d daftnedby'llane,p&lloclandgeogt...lcsmp& Allo .......~.)

The i..JDJid c. ~ CoffaQIJ is~ undsT Oillbnia Rfdsler cdetiDn a .iJ the 8IBfl otllldileciJR, as the lheDniY ldellilied
exaRf1le of a~ vemseatar NSideiDJI t/esitll by noiBd Caimsl ~ Fredelill* 8lil*nf Flflflelil:t B'Uin#
(1889-1971J came to the Uniled Slsles from his I1Biille home in Chesler; on the lii8St coast of En/1lllnd. ;, lhe etllly 1!120s. He
lilsl seltl8d netiT Santa 8arbaiB. I:U IJ10tlled to Cannsl just alter the Santa Bstbti1a ea#hQUIJke o/1925. He-lHou!Jtlt .., him the
desUJ and buiklng tsciJniqtJes ot the Eng/isb Ails & Cia/Is tr.dlim. His fl8lly Mk in Cannel relleclecllhe EtVfsh Twlor
~ 'ltJilh some ol the SllJtyboo/f detaiiJV ll16t Cstmsi-.~S kiJOfllln lol' Bllhe me. l-Is OJWJ lll#lintJeMI home on Min View
netK Ssnla Fe 1et1ec1s INs aesiiJellco Big1and 's design ~soon Bl7lpiJIJded to incotpotrJifl the popdaT $panlsh Eclef:lic
RerWal. TI1B NodhAI#I:Bn ilfbmced llsiii/Iam Holse a1 the SWcomtKot ot111h and CaslRwrr Is agood liitiCIIIJPe o1 mnge.

'*

J-/orflever. lbe designerlbulder MIS most noted fOI his Tudor Rtwlvsl RISidences PJhich are reptBSfiiJ/ed in the .2003 C8lmel
Hslolic Resource IINefllclry.
The Sfibjecl /)JrJplldy. II boJl,Y. ~ ~ RJOied ~ oollape. rtM:h lakes adtarJI1Iie ol wieEis to the . S
andSDIAII flrJm B lllised CDR111r lot. ~ iJ 1929 1090 fix LA1jld AaiJr. an esdy CamlelJ111S slalionCMHtpitab.. Tire
co1t11ge iB a c1est retWJclion of 11at 1EtB tor aifJ/iciiY'... descJib8d in the 2008 CBmiBI HsiDifc Ctlntexl S1Btsment. 111B1
1ranscended lhe dMsbns of lime and an:IJlBf:tufaJ fsshkln in Cannel. R Is a good~ ollhe ~ snd cresliMiy of
ils tne. and a Wsl* nwiles~ ollhe "fflhhlnsleaaoorJJCllilatblot fealfns asM'IBted IIICh sewat si.J*$ M a single home to
Clealea ~ snd ecleclic ....-; as rlBsaiJedln the Camlel Hislr1dc CDnlexl Statement.

814. Evuator= Kenl. Seavey


Date of Ev~: ~VU/20'~4

--

- --

---~.

- - ----- --

........

.f/

:)~
{ ?' ~-

A.'

12'!!1

AV.

- - - - ---

- - ______ j

241

Primary # __

, stateofeaMomia- TOO~Agency
: DEPARnENTOFPARKSANDREtREAllON

l ~O~!~~~A~I~~

HRI #

SHE~~- - --- _________________-----

-- _____

__ ____!~~-~~~-- -----~----_____ __:_-~-

Page 3 ol 5
Resource Name or #; (Assigned by recorder) LJoyrJ C. MiJief Conage
Recorded by: Kent L Seawey
Date &1412014
c Continuation
~-: Update
- -- - - - - - -- .. ---- -..- - --- - - - -- - - - - -- --- - -- -- - -p
P3. (Coni.) The s~l /}TOIJeffy is sifed on a the prominent NE comer of Dolores St. and 12th Ave. in a nalulallandscape setting wilh
sev8181 mature pine trees, sel back trom the raadMays behJnd a rustle gmpe stake MOOd lenc6. Thele are brict and concrete Ml/kways
on the propelty. with an lntefesting concrete entry poreh, and stepped concrete MJIIr along the south elevation. whkh IJie seoted In a
distinclfy Art DfJoo psltem. At the teal of the pB1tel, on the NE side are IMO stepped, open pa1Jo spaces, both haldscaped. They 281o
the rear of tile Original, detached IHo-bsy gamge., aiso constiTJCted In 1930, and conslsfenl ill design and materials to the cottage
proper. The residence is located Jn a MJOded residential neighborhood of one and WA:H;toty homes ot vatying ages, sizes and s~Jes.
In 2009, then owneiS Chris and Lynn Rudowski had the residence reshingled, matching in kind the original materials and stsggeied
patteming (see photo continuation sheets) They replaced the exist~ entJydoor, and added a new door and a set ot FlenCh doors on
the east side ot the building envelope, a secondary efe'riBIIon. The addlliuns appeal to be consistent with the design chafactet of the
residence.
~

-~

-~ -

810 (cont.} The inegular buit1ing mass and tam reflects the view shed polenlial ot the site, af.' tkJes the cottage's raised loundaiJon.
The bl1c/C veneer on the toundalion and wood shingle exlelkr. wall cJadding. bolh rellect the use of nahlal materials from the Ails &
Grafts and CraftsmBn Slyle des(ln vocabularies, ss do lhe exposed and shaped rafter..Jails ato~JJ the root eswes. The exlericr twill
cladding is In natutal MOOd shingles, in a highly alliculated and abstmct slsgJered bull pattern. The cunent shingles WElte added in
2009, having replaced the~. which had detedorafed and been painted over. Available phoJgraphs ol the eadlet MB! cladding
c/e6lly show the consJstencyollhe cunent shiJpe pallem with the original. Review of this litOrlr with the Calilomia Office ol Histolic
PresemltJon tomd the neweT waH cJadding COfl6ment with the Secretary ollhe lnleliot's Standatds 16, 19 & 110 tor Rehabillalion. Of
inleteSf is the abstlaCf SCOiing found on the conclele entry porr:h and on simllaf concrete sleps a/oiJJ the downhill slope on the south
side ollhe building erwetJpe thai teiJect Art Deco patterning.
The mAl~. lnduslriaJ steel C8SI1I1Ied ..ntoMs 819 DlpnaJ thloughoul lhe buildilrl ~ Three pa/fB ot afginaJplanked wood
shullets, tMO from the SOflh etevalioo and ons Bel/rom the lll9Sf elfwalion Blf1 no longer present. The east facing pdnctJal wood enlry
doolls d 1ecen1 vintage, butconsistent with the characleF ol the IHMing des.PJ, and ~eWetSbJe. A newer glazed and paneled door on
the east end ollhe east ..;ng Is akio revel5l:Jie. as are glazed tMlOden French doors added adjacent to the NE comer ol the building
en~ These newer minot teatlllfJS are on secondary elevations. A code mquiled hollzontal wood railng, also consistent with the
design characler ol the cottage. has b88n added to the previously open poiCh enlly.
The~ propelly has b8en well naJntainedOYellime and relait5 the 11&}orl'y d /Is odginaJ character-flelink!J features, paniculady
its irregular plan, as shoWn on lhe 1930 SadJom l1'1sutln:e Atip ot Carmel; /owfJilehed hlp-end-geble mot system; nalulal extenor bticlc
and IIIOOd IJnishes and mu/11-paned /nthJslrial steel casement windows. Its missilfJ some wood shutters, which are shown in existing
photogtaphs, and retains ils original site, /ocaiJon and genef8l landscape selling.
Fmdedck 8igland was an inJ1olt;ant conllfJulol to Catmel's residfmtisl design~ his reskJence here in the 1~ and 1930s. Seeking
a belter climate tor reasons of health, he 1e1t Carmel about 1933. Vel)' tew of his known house designs remain iniBct as constmcted.
The UD)Id C Miller Collaye is a~ unkfJOMirl design by the Carmel mas1st builder. tmm an lnf)Odanl psdod ol1esidenlial
detrelopment in lhe llil8ga lis listing in the Carmel Hslorlr; Resoun;e 1INenloly wfil til a gap in. Blglands known wodts.Pethaps more
inpoltantly the property can be seen, as noled Jn CBrmel's Hstolic Context Slalemenl, as a visual reminder ollhe communilies ea11ier
taste tor the kind of sfnJJicity, alliculaled by the use ol local building materials. lhat continues to transNrd the ~Nsions of ol tlme and
architrlciUra/lsshions. The LL.oyd C. Miller Cottage Telains its histOfical significance and sutliclenl physical integtily as lhe only known
eJlBI7f)le ot tleiJJBCular residenllal desi!ln by noted Csnnel c:cn~tae~orlbulldel Ftedetick Bigland. QUaMies tot 1st1ng in the CBtmel
Histofic Resource lnvenlofy, a1 the localleYel ol ~. tJI1der the theme ot ArchllectfJ181 IJetlelopment in Canne# (1888-1965), as
established in the 2008 HistoticaJ ContBXI Statement for CaJmei.By-The

-sea.

812 (cont.)
Sanborn fire instiiBnce maps kN Cmme/193011924--62.
Seavey, Kent, Bio. on FlfJdelick Bigland. (JJefsonBJBTChives).

242

Primary #

StBteaiCRI.tlomis- TheRe:~aJ1""4leAflency

oa>ARn.IEMT OF ?ARKS AND RECREA110N

HRt #

CONTINUATION SHEET

Trtnom~et

Page 4 of s
Resource Name or 1: !Assigned by recoroe.-> i)oycJ C. Mfller Gonage
Recorded by: Kem !.. :geal'eY
Oat& 611412014

~-~

Continuation :: Update

-----------~---- -- - --

~rifh:KrM!Mldfe.~
~.

1..C!Iking NW at Ire stJiJih facir118c!Jd.e.


photO{JI8Pher ulfkfltJWTJ. c 2009

243

Stln6;;tC3f~'!_-~~~:~.wY_
!:>EPART\EN ...,'F, ARJ(~ At..u R....vREA !iON

Ptimaty # _ ------------------ -HRJ#

CONnNUATtON SHEET
Page 5 of 5
~esource tlfam9 or
Recorded by:.;;:"eoi ~- ~v!>_v

Trfnomiaf --------- _ ------ -


~: 'As.s:!;r:~ !}y -~~rt;er_;

.L<r_'lil (,_ 'lAII!ef Collage


Date 6/14.12014

. ~fhr.(IA:-.Ite.~
Looking eas: al the ~side e!eva!ion
Henl Seavey. 6/10i2014

~Rxn-1\.JeN.~~

L<XJ;i{ing eeEt at !he MeSt side e/el/fWc .-,


photographer unkrowr.. c. ~009

244

Attachment 4.B - Maint Plan/Photos

Mills Act Work Plan for NE Corner Dolores & 12th


MA 16-203 application completed June 15, 2016; Applicant: Scott Lonergan

7/15/2016 Work Plan


Replace deteriorated driveway, walkway, and steps leading to
1
front gate

2016

2017

2018

2020

2021

2022

2023

2024

2025

2026

$300

$300

$300

$300

$300

$300

$300

$100

$100

$7,000

Maintain Live Oak(6) and Moterey Pine (11) trees, landscaping,


fencing, walkways, and brick faade

Control erosion at Dolores & 12th with landscaping and decorative


garden edging

Rehabilitate / paint steel casement windows

Repair and paint damaged rafter tails and eaves

Correct east elevation drainage (& safety) issues

$10,000

Add rain guides and/or copper gutters at east elevation

$1,000

Replace sill plates and wall framing damaged from water seepage
at east elevation

Repair/Replace weather damaged exterior bathroom door

10

Repair/Replace damaged front entry door (with dutch door)

11

Rehabilitate of garage doors; termite fumigation (entire garage)

12

245

13

Repair/Replace floor below stacked washer & dryer in kitchen


pantry

Miscellaneous house repairs

2019

$500

$500

$2,000

$1,000

$300

$15,000

$5,000

$1,000

$4,000

$3,000

$6,000

$7,000

$100

$100

$100

$100

$100

$100

$100

$100

$7,000

Southeast elevation

246
2

Southwest elevation

247
3

West elevation

248
4

Replace garage driveway and walkway

249
5

Maintain walkways and brick facade

250
6

Control erosion with landscaping and decorative edging


along 12th

along Dolores

251
7

Repair and paint rafter tails and eaves

252
8

Correct east elevation drainage issues


- View of damaged sill under house at south elevation of front porch

253
9

Correct east elevation drainage issues


- View of damaged sill under house at east elevation at front porch

254
10

Correct east elevation drainage (& safety) issues

255
11

Correct east elevation drainage (& safety) issues

256
12

Repair/Replace damaged bathroom and front doors


Bathroom Door: Outside

Bathroom Door: Inside

257

Front Door: Half inch


warp beyond spec at
bottom of waterdamaged door
13

Restore garage
doors

258
14

Replace floor below stacked washer & dryer

259
15

Attachment 4.C - Contract

RECORDING REQUESTED BY:


CITY CLERK
CITY OF CARMEL-BY-THE-SEA
WHEN RECORDED MAIL TO:
NAME:

CITY CLERK
CITY OF CARMEL-BY-THE-SEA

ADDRESS:

CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT

THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and Scott
and Robbin Lonergan (hereinafter referred to as Owner).
RECITALS
(i)

California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;

(ii)

The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the northeast corner of Dolores Street
and 12th Avenue (APN: 010-154-005), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;

(iii)

The property is identified as an historic resource on the City of Carmels Register of


Historic Resources;

(iv)

City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect and preserve the characteristics of historical significance of the Historic Property,
and to qualify the Historic Property for an assessment of valuation pursuant to the
provisions of Article 1.9 (commencing with section 439) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.

NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.

EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.

2.

AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given

260

as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.

NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.

4.

EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely


notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall
remain in effect only for the remaining nine (9) years from the last annual renewal date.

5.

VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to


seek assessment of valuation of the Historic Property pursuant to the provisions of
Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

6.

PRESERVATION OF PROPERTY. Owner shall preserve and maintain the


characteristics of historical significance of the Historic Property. Attached hereto marked
as Exhibit B, and incorporated herein by this reference, is a list of those minimum
standards and conditions for maintenance, use and preservation of the Historic Property,
which shall apply to such property throughout the term of this Agreement. The Owner
agrees to complete rehabilitation and/or maintenance activities of the structure and
comply with such conditions as specified in Exhibit B including the conditions outlined
by the Citys Historic Preservation Consultant. Requests for substantial revisions to the
maintenance and rehabilitation plan shall be reviewed by the Historic Resources Board
prior to implementation. In addition, Owner shall comply with the terms of the Citys
Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further
impede the view corridor with any new structure, such as walls, fences, or shrubbery, so
as to prevent the viewing of the Historic Property from the public right-of-way.

7.

RESTORATION OF PROPERTY. Owner shall, where necessary, restore and


rehabilitate the Historic Property to conform to the rules and regulations of the Office of
Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of
the Interiors Standards for Rehabilitation, State Historical Building Code, and the City of
Carmel-by-the-Sea, all as amended.

8.

INSPECTIONS. Owner shall allow periodic examinations, with reasonable notice


thereof, of the interior and exterior of the Historic Property by representatives of the
County Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, the City and other agencies as may be necessary to determine Owners
compliance with the terms and provisions of this Agreement.

9.

PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.

10.

ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.

261

11.

CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.

12.

ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to


cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.

13.

WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.

14.

BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to


the covenants, reservations and restrictions set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon Owners successors and assigns in title or interest to the Historic Property.
A successor in interest shall have the same rights and obligations under this Agreement as
the original owner who executed the Agreement.
Each and every contract, deed or other instrument hereinafter executed, governing or
conveying the Historic Property, or any portion thereof, shall conclusively be held to
have been executed, delivered and accepted subject to the covenants, reservations and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations and restrictions set forth herein touch and concern the land in that
it restricts development of the Historic Property. City and Owner hereby further declare
their understanding and intent that the benefit of such covenants, reservations and
restrictions touch and concern the land by enhancing and maintaining the cultural and
historic characteristics and significance of the Historic Property for the benefit of the
public and Owner.

15.

NOTICE. 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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:

Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921

262

Owner:

Scott and Robbin Lonergan


PO Box 3755
Carmel, CA 93921

16.

Recordation. 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 Monterey.

17.

The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.

18.

GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in


accordance with the laws of the State of California. Should either party to this agreement
bring legal action against the other, the case shall be handled in Monterey County,
California and the party prevailing in such action shall be entitled to a reasonable attorney
fee which shall be fixed by the judge hearing the case and such fee shall be included in
the judgment together with all costs.

19.

Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.

20.

DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the


Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such
that in the opinion of the City Building Official more than sixty percent (60%) of the
original fabric of the structure must be preplaced, this Agreement shall be cancelled
because the historic value of the structure will have been destroyed. If the Historic
Property is acquired in whole or in part by eminent domain or other acquisition by any
entity authorized to exercise the power of eminent domain, and the acquisition is
determined by the City Council to frustrate the purpose of this Agreement, this
Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section
50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph.

21.

INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.

22.

SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.

263

IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:

By:

_______________________

Date:

__________________

Name: Chip Rerig


Title:

City Administrator

PROPERTY OWNERs:

By:

__________________________

Date: ___________________

Name: Scott Lonergan

By:

__________________________

Date: ___________________

Name: Robbin Lonergan

264