HomeMy WebLinkAboutNGUYEN, KHANH B. AND DO, CHINH K.A-2019-139
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OCT 16 2019
® RECORDING REQUESTED BY
Di V;A (i) AND WHEN RECORDED MAIL TO:
City of Santa Ana
P&O (yor�6l-20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
MILLS ACTAGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
Recorded in Official Records, Orange County
Hugh Nguyen,Cierk-Recorder
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FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made and entered into
by and between the City of Santa Ana, a charter city and municipal corporation duly organized
and existing under the Constitution and laws of the of the State of California (hereinafter referred
to as "City"), and Khanh B. Nguyen and Chinh K. Do Trustees of the Khanh B. Nguyen and
Chinh K. Do Revocable Trust Dated January 16, 2019, (hereinafter collectively referred to as
"Owner"), owners of real property located at 2112 North Flower Street, Santa Ana,
California, in the County of Orange and listed on the Santa Ana Register of Historical
Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 2112
North Flower Street, Santa Ana, CA, 92706 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement
which defines and limits the use and alteration of this Historic Property in order to
enhance and maintain its value as a cultural and historical resource for Owner and
for the community; to prevent inappropriate alterations to the Historic Property
and to ensure that repairs, additions, new building, and other changes are
appropriate; and to ensure that rehabilitation and maintenance are carried out in an
exemplary manner.
MILLS ACT AGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
E. Owner and City intend to carry out the purposes of California Government Code,
Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which
will enable the Historic Property to qualify for an assessment of valuation as a
restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3
Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on August 21, 2019, and shall remain
in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective
date of this Agreement, such initial term will automatically be extended as provided in California
Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features described in the "Historical Property Description" attached hereto, marked as
Exhibit B, notably the general architectural form, style, materials, design, scale, proportions,
&a
MILLS ACT AGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
organization of windows, doors, and other openings, textures, details, mass, roof line, porch and
other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards
and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked
as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the
Historic Property in the same or better condition.
C. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: demolition of the Historic Property or destruction of
character -defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission; paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alterations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
C. Owner shall allow reasonable periodic inspection by prior appointment, as needed
or at least every five (5) years after the initial inspection, of the interior and exterior of the
Historic Property by representatives of the City of Santa Ana, the County Assessor, the State
Department of Parks and Recreation, and the State Board of Equalization, to determine the
Owner's compliance with the terms and provisions of this Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner have breached any of the conditions of this Agreement, or has allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner have failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
-3-
MILLS ACT AGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 %2) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. 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 (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled immediately
because, in effect, the historic value of the structure will have been destroyed. No fee shall be
imposed in the case of destruction by acts of God or natural disaster.
C. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner,
the City shall give written notice to Owner by registered or certified mail, and if such a violation
is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30)
days thereafter, or if not corrected within such a reasonable time as may be required to cure the
breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by Owner), then City may, without further notice, declare a default under
the terms of this Agreement and may bring any action necessary to specifically enforce the
obligations of Owner growing out of the terms of this Agreement, apply to any court, state or
federal, for injunctive relief against any violation by Owner or apply for such relief as may be
appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or
cancel this Agreement. All other remedies at law or in equity which are not otherwise provided
for in this Agreement or in City's regulations governing historic properties are available to City
to pursue in the event that 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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2112 North Flower
Street, Assessor Parcel Number, 001-201-09, and more particularly described in Exhibit A, in
the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this
Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions
and restrictions as set forth herein shall be deemed covenants running with the land and shall
M
MILLS ACT AGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
pass to and be binding upon Owner's successors and assigns in title or interest to the Historic
Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying
the Historic Property or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this
Agreement regardless of whether such covenants, conditions and restrictions are set forth in such
contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to Owner as a result of the effect upon the assessed value of the Property on the
account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019
2112 North Flower Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agent, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
-5-
MILLS ACT AGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
C. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not City prepared, supplied, or
approved the plans, specifications or other documents for the Historic Property.
d. All of the agreements, rights, covenants, conditions, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of
the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. 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 effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California, with venue in Orange County.
11. 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 Orange.
12. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1.
(Signature page follows)
M
MILLS ACT AGREEMENT
2112 North Flower Street
Santa Ana, CA 92706
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF BLOCK "H" OF TRACT 41, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID
BLOCK "H" WITH THE WEST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED
TO THE CITY OF SANTA ANA FOR STREET PURPOSES BY W.F. GREENLEAF AND
OTHERS BY DEED RECORDED JANUARY 27, 1928, IN BOOK 625, PAGE 296 OF
DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE NORTH ALONG
THE WEST LINE OF SAID TRACT OF LAND SO CONVEYED TO THE CITY OF SANTA
ANA, A DISTANCE OF 80 FEET TO A POINT; THENCE WEST IN A STRAIGHT LINE TO
AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH, AND 164 FEET WEST
FROM THE WEST LINE OF SAID TRACT OF LAND SO CONVEYED TO THE CITY OF
SANTA ANA AT A POINT 80 FEET NORTHERLY, MEASURED ALONG SAID
PARALLELL FROM THE SAID SOUTH SAID BLOCK "H"; THENCE SOUTH ALONG
SAID PARALELL WITH THE WEST LINE OF SAID TRACT OF LAND CONVEYED TO
THE CITY OF SANTA ANA TO THE SOUTH LINE OF SAID BLOCK "H", AND THENCE
EAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
Assessor's Parcel Number: 001-201-09
MILLS ACTAGREEMENT
2111 North Flower Street
Santa Ana, CA 92706
ATTEST: CITY OF SANTA ANA
DAISY GOME s KR1STINE RIDG
Clerk of the Council City Manager
OWNER
Date: By: rmA
K _HANFI B. NGUYEN
Trustee of Khanh B. guyen and Chinh K.
Do Revocable Trust Dz ted January 16, 2019
Date: —1 I 0 Dh By:
__ 0
CHINH K. DO
Trustee of Khanh B. Nguyen and Chinh K.
Do Revocable Trust Dated January 16, 2019
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By:
F O
LISA ST RCK MINH THAI
Assistant City Attorney Executive Director
Planning and Building Agency
rZ
California Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
oiAin yr uALirvxtNiA
COUNTY OF ORANGE
On September 10, 2019, before me, Oscar Flores, Notary Public, personally appeared Khanh B. Nguyen
and Chinh K. Do, who proved to me on the basis of satisfactory evidence to be the persons whose name
are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
[SEAL]
OSCM PEONES
Notary Public - California
Los Angeles County a
Commission # 2155796
My Comm. Ex Ires Jul 2, 2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On
Date
personally appeared
before me,
Here Insert Name and Tide of the Officer
Name(s) of Signers) -
who 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 acknowledged 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 person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
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1.1 Corporate Officer — Title(s):
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certificate verifies only the identity of the individual
who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On October 15, 2018 before me, Yesenia Cruz Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge, who 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 acknowledged to me
that Wshe/theyexecuted the same in.bWher/t�authorized capacityq*' and that by his/herpeif
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
! YESENIA CRU2
Notary Public - Ca!ifornl
Orange County
t " Commission N 224354'
Gl�, My Comm. Expires May 21. 2T
Signature.G�LIL UL Q I (Seal)
YESENIA CRU2
Notary Public - California
= Orange County
Commission k 2243542
"" My Comm. Expires May 21, 2022