HomeMy WebLinkAboutDE COSTA, CHAD AND SICCARDI, ELIZABETTAA-2019-047
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Return ORIGINAL
executed cony to COTC,
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
11
MILLSACTAGBEEMENT
1721 North Bush Street
Santa Ana, CA 92706
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -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 Chad De Costa and Elisabetta Siccardi, (hereinafter collectively referred to
as "Owner"), owners of real property located at 1721 North Bush 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 1721
North Bush 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.
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MILLS ACTAGREEMENT
1721 North Bush 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 March 20, 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,
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.
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MILLS ACT AGREEMENT
1721 North Bush Street
Santa Ana, CA 92706
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.
e. 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
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
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MILLS ACT AGREEMENT
1721 North Bush Street
Santa Ana, CA 92706
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 1721 North Bush Street,
Assessor Parcel Number, 003-121-28, 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
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,
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MILLS ACT AGREEMENT
1721 North Bush Street
Santa Ana, CA 92706
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: Chad De Costa and Elisabetta Siccardi
1721 North Bush 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.
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
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MILLSACTAGREEMENT
1721 North Bush Street
Santa Ana, CA 92706
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
A-2019-047
ATTEST:
DAISY GOMEZ
Clerk of the Council
MILLS ACT AGREEMENT
1721 North Bush Street
Santa Ana, CA 92706
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
OWNER r %�
Date: l° /2 6// % By: ( l�
CHAD DE COSTA
Date: � 0 Lz-G I zo l of
APPROVED AS TO FORM:
SONIA CARVALHO
City A
tt
orney
By:
LISA STORCK
Assistant City Attorney
By: &-a c
ELISABETTA SICCA4ffil
RECOMMENDED FOR APPROVAL:
Q
MINH THAI
Executive Director
Planning and Building Agency
lw!
ACKNOWLEDGMENT
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 Orange )
On November 14, 2019 before me, Rosa A. Flores, Notary Public
(insert name and title of the officer)
personally appeared David Valentin, who proved to me on the basis of satisfactory evidence to be
the person(o whose nameX is fare subscribed to the within instrument and acknowledged to me
that he/sheffi ey executed the same in his/♦ter/tkeir authorized capacity0es), and that by hisAieWtheir
signatureo on the instrument the personas'), or the entity upon behalf of which the person(,s�cted,
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.
ROSA A. FLORES
Rotary public - Cai!fomia
�r>3 Orange County
Commission = 2228e50
My Camm. Expires Feb 7, 2022
Signature (Seal)
MULSACTAGREEMENT
1721 North Bush Street
Santa Ana, CA 92706
EXHIBIT A
LEGAL DESCRIPTION
LOT 2 OF BUSH STREET TRACT, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 35, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
Assessor's Parcel Number: 003-141-28
m
ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verities 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 before me, G a notary public personally appeared
%.iAA. � �: �I(L6
who proved to me on the basis of satisfactory evidence to be the persqn s whose name�i� re
subscribe the within instrument and acknowledged to me t k�e/slje/ e executed the same
in hi�/1 $e?authorized capacity (ies , and that by 1�/kt /the' signatur s on the instrument
the persor the entity upon behalTof which the person 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.
(Optional)
IAN DELGADO
COMM ... 2176963 p
U '"m NOTARY PUBLIC-CALIFORNIA 1
m '=' ORANGE COUNTY G)
My Teri !! Decerbet24 PBPO
Title/Type of the document: Nulls ry-PA"yl(oy1A n�
Document Date: O-L6 o
Number of Pages