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HomeMy WebLinkAbout68-94 111 • V RESOLUTION NO. 68-94 A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND ELIZABETH WEBSTER PURI AND AJAY K. PURI WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement ("Agreement") between the Town and Elizabeth Webster Puri and Ajay K. Puri (collectively "Puris") , concerning the historic preservation of the Puris' property located at 12775 Viscaino Road, Los Altos Hills, California; NOW, THEREFORE, the Town of Los Altos Hills does. RESOLVE as follows: Section 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. Section 2 . The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the City to execute the Agreement between the Town of Los Altos Hills and the Puris. REGULARLY PASSED AND ADOPTED this 7t11 day of September 1994. By: /__ / /,'' Mayor ATTEST: . City C k <SJ>H:\DATA\PB\MAS\149490PZ.W50 08/25/94 • • ,:RECORDING REQUESTED BY: Elizabeth Webster Puri and Ajay K. Puri 12775 Vascaino Road Los Altos Hills, CA 94022 AND WHEN RECORDED MAIL TO: Elizabeth W. and Ajay K. Puri 12775 Vascaino Road Los Altos Hills, Ca 94022 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT, made and entered into this 7th day of September , 1994, by and between Elizabeth Webster Puri and Ajay K. Puri, hereinafter called "Owner, " and the Town of Los Altos Hills, hereinafter called "Town, " provides as follows: WHEREAS, Owner possesses certain real property located in Santa Clara County, described as shown in Exhibit "A" attached hereto, which is of historic value, and is a "qualified historic property" as defined in Government Code Section 50280. 1; and WHEREAS, both Owner and Town desire to protect and preserve such property so as to retain its characteristics of historical significance; NOW, THEREFORE, the parties in consideration of the mutual covenants and conditions set forth herein and the substantial public benefit to be derived therefrom, do agree as follows: 1. AUTHORITY: This Agreement is made under authority of Government Code Section 50280, et seq. 2 . LENGTH OF AGREEMENT: This Agreement shall be effective commencing on September 7 , 1994, and shall remain in effect for a period of ten (10) years therefrom. Such term will automatically be renewed on its anniversary date as provided in Paragraph 4 of this Historic Property Preservation Agreement. 3 . LIMITATIONS ON LAND USE: During the term of this contract, the above described land shall be subject to the following provisions, requirements, and restrictions: (a) Owner shall preserve and maintain the historical structures and land, as a qualified historic property, in no less than equal to the condition of • • the property as of the date hereof. Owner shall also, when necessary, restore and rehabilitate the property according to the rules and regulations of the Office of the Historic Preservation of the State Department of Parks and Recreation. Additionally, Owner shall provide whatever information shall be required by Town to determine the property's continuing eligibility as a qualified historic property. (b) Owner shall not be held responsible for replacement of the historic structures if damaged or destroyed through "Acts of God" such as flood, lightning or earthquake. (c) Owner shall provide for such periodic examinations, by appointment, of the interior and exterior of the premises by the assessor, the State Department of Parks and Recreation, the State Board of Equalization and Town, as may be necessary to determine Owner's compliance with this Agreement. (d) This contract shall be binding upon, and inure to the benefit of, all successors in interest of Owner. A successor in interest shall have the same rights and obligations under this Agreement as Owner. 4. RENEWAL: On the anniversary date of this Agreement, a year shall be automatically added to the initial term of this Agreement, unless notice of nonrenewal is given as provided below. If either Owner or Town desires in any year not to renew the Agreement, either Owner or Town shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless • such notice is served by Owner to Town at least ninety (90) days prior to the renewal date or by Town at least sixty (60) days prior to the renewal date, one (1) year shall automatically be added to the term of this Agreement. Upon receipt by Owner of the notice of nonrenewal from Town, Owner may make a written protest of the notice. Town may, at any time prior to the renewal date of the Agreement, withdraw its notice to Owner of nonrenewal. If either Town or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term remaining since its original execution, or since the last renewal of the contract, whichever the case may be. 5. CANCELLATION: Town may cancel this Agreement if it determines that Owner has breached any of the conditions of the Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. Town may also cancel this Agreement if it determines that Owner has failed to restore or rehabilitate the property in the manner specified in Paragraph 3 (a) of the Agreement. -2- • • . 6. ATTORNEYS FEES: The prevailing party in any action to interpret or enforce this Agreement shall be entitled to recover its reasonable attorneys' fees. Dated: Aiz.,44 7- 1 , 1994. `E <ABETH B TER PURI F, Dated: �s r / l C- , 1994. AJA K. PURI TOWN O OS ALTOS HILLS Dated: eoreAdt,4- a ! , 1994. BY: � .� Mayor / ATTEST: City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On this dayo '� . 1994, before me, I-��.. personally appeared ELIZABETH WEBSTER PUR 1; :'AY K. PURI, known to me (or proved to me on the basis o - s. - actory evidence) to be the persons whose names are sub c --ed to the within instrument, _and acknowledged that theexecuted the same in their authorized capacity, and that kw` their signature on the instrument the • person(s) or h y ; tity upon behalf of which the persons acted, executed t e -trument. WITN = , y hand and official seal. Notary Public in and for said State -3- • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Illillllllllllllllllllllllllllllltlull ...00 ,s ,r: •, State of CALIFORNIA l ( SANTA CLARA • County of ( (R' On (' /7 ?/ before me, JOAN SORCI "NOTARY PUBLIC" 1L DATE NAME ITLE OF OFFICER•E.G..',JANE DOE,NO .RY PUBLIC' i,, ersonall eared ��7��e/A 6"C! !�S 02 (�u - i giI0 14,) y / ` /61`� , l` p Y a pp NAME(S)OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence ' to be the person(s) whose name(s) is/are , �' subscribed to the within instrument and ac- . ; knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ‘ or the entity upon behalf of which the .�'7' JOAN SORCI :° COMM. 893493 Z person(s) acted, executed the instrument. a 1 _.. 2 z ,-d -t1,4/..1, Notary Public-California a I:, ,r.. SANTA CLARA COUNTY }. :,: My comm.expires OCT 18,1994 wWITN SS my hand and official seal. ) //(// \ SIGNATURE OF NOTARY 1 l kOPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent kfraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ; 4k INDIVIDUAL i LJ CORPORATE OFFICER . // , -irj \ • 0 ` ITLE OR TYPE OF DOCUMENT 1 TITLES) ❑ PARTNER(S) ❑ LIMITED 3 0 CI GENERAL 0 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES 0 ❑ TRUSTEE(S) 0 1 ❑ GUARDIAN/CONSERVATOR �{ %I!j�� 0 ❑ OTHER: U 1 DATE OF DOCUMENT 1 SIGNER IS REPRESENTING: ,� 1 TIT NAME OF PERSON(S)OR ENY(IES) / v , { SIGNER(S) OTHER THAN NAMED ABOVE l 0 lllll ''..•,-...••-.."- •••"- J1111111Jll�rrllltllllll�lltll�Y.r111�1.IllllllJllJlJlf./Y.rll�ll�lf1J` ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 S • EXHIBIT A LEGAL DESCRIPTION The land situated in the State of California, Town of Los Altos Hills, County of Santa Clara, described as follows: Parcel 1 as shown on Parcel Map recorded February 18, 1993, in Parcel Map Book 644, Page 20 and 21, Santa Clara County Records. APN: 175-54-081 ARB: 175-54-081