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HomeMy WebLinkAboutSANTA ANA HISTORICAL PRESERVATION SOCIETY (8)AGREEMENT FOR THE RELOCATION, RESTORATION AND OPERATION OF THE DR. HOWE - WAFFLE HOUSE AND CARRIAGE HOUSE BETWEEN THE SANTA ANA HISTORICAL PRESERVATION SOCIETY AND THE CITY OF SANTA ANA THIS AGREEMENT is entered into this 2nd day of January , 1975, at Santa Ana, California, between the City of Santa Ana, a chartered municipal corporation, herein- after referred to as "CITY", and the Santa Ana Historical Pre- servation Society, a non-profit corporation of the State of California referred to as "SOCIETY". R E C I T A L S 1. CITY has scheduled construction to widen Civic Center Drive. Such construction will necessitate the removal of the historical Dr. Howe - Waffle House and Carriage House located at the northwest corner of Bush and Seventh Street, hereinafter "Waffle House" and "Carriage House". 2. The Board of Supervisors, County of Orange, hereinafter "COUNTY", has donated a site to be leased to the City at the southeast corner of Civic Center Drive and Sycamore in the proposed Heritage Square for the relocation of said Waffle House, and the Carriage House. 3. SOCIETY wishes to lease, restore, preserve and operate said Waffle House and Carriage House as an historical landmark to be open to the general public for visitation. 4. CITY desires to have situated in Santa Ana an historical monument preserved and restored for visitation and enjoyment by the general public. AGREEMENT In consideration of the promises herein contained, it is agreed by and between the parties hereto as follows: 1. CITY agrees to lease to SOCIETY certain structures known as the Dr. Howe - Waffle House and the Carriage House. The written lease of said premises is attached hereto as Exhibit A and is incorporated by reference as though fully set .forth. 2. CITY agrees to undertake the relocation of the Waffle House and Carriage House which shall consist only of the physical moving and placement on blocks of said structures on the aforementioned County owned, City leased property. 3. CITY agrees to finance the relocation of the Waffle House in an amount not to exceed twelve thousand dollars ($12,000). Any excess costs over this amount incurred in the move will be paid by SOCIETY. 4. SOCIETY shall be responsible for the cost of relocat- ing the Carriage House and to that end has executed a cash bond agreement in the amount of two thousand two hundred dollars ($2,200), any funds not so expended for said relocation shall be returned to SOCIETY. 5. CITY agrees to provide a fund of three thousand dollars ($3,000) for preparation of the Waffle House site. Said preparation shall consist of removal of asphalt only. No foundation shall be laid. 2 6. SOCIETY shall provide for building maintenance and custodial services for the Waffle House and Carriage House. 7. SOCIETY shall provide for payment of utilities including gas, electricity, water and waste disposal. 8. CITY shall provide Fire and Extended Coverage Insurance for said Waffle House and Carriage House under the City's. blanket policy. SOCIETY shall hold CITY harmless for all liability of any kind whatsoever beyond the limits of or not included within said policies of insurance. Except for the named coverages, SOCIETY shall hold the City harmless from all liability and claims for damages by reason of any injury to person or persons or property of.any kind whatsoever and to whomever belonging from any cause or causes whatsoever lying in, upon, or in any way connected with the leased premises, or during the term of this lease or any extension thereof or any occupancy hereunder. Furthermore SOCIETY covenants to inform CITY of any and all injuries which may result to any person on said premises. 9. Upon receiving possession of the Waffle Iiouse and Carriage House, SOCIETY shall begin a fund raising program for restoration of the Waffle House and Carriage House. All funds so collected shall be devoted to that use. 10. SOCIETY agrees to make the following restorations as soon as the Waffle House and Carriage House are relocated; 1. Remove the blocks and place the Waffle House and Carriage House on their foundations. 2. Building shall be brought up to the applicable Building, Safety and Fire Codes of the City of Santa Ana. 3 3. Scrape and wire -brush exterior paint and paint the exterior of the Waffle House and the Carriage House. 4. Renovate and redecorate the downstairs portion of the Waffle House. 11. SOCIETY agrees to complete the aforementioned restoration by July 1, 1976. In the event said restoration is not completed by said date or SOCIETY is unable to show evidence of sufficient funds being available to complete the restoration within a reasonable period of time, SOCIETY will pay the costs of demolition of the Waffle House and Carriage House. 12. By December 1, 1984, SOCIETY shall complete all restorations of the Waffle House and the Carriage House. 13. SOCIETY agrees to staff and operate the Waffle House for the duration of the term of the lease. 14. SOCIETY may charge an admission fee for viewing said Waffle House and Carriage House. Said fee and the hours open for visitation shall be subject to prior approval of the City Manager of the City of Santa Ana. This agreement may only be modified by written agreement subscribed to by all parties in interest. This agreement shall not be assignable nor shall the buildings or any portion of said buildings be sublet without the written consent of the City Manager of the City of Santa Ana. 4 ATTEST: 6044ERK OF THE COUNCIL APP �D AS TO F JAMES A. WITHERS City Attorney V MAYOR i BETTY BINE , President Santa Ana istorical Preservation Society, a non-profit corporation of the S e of Califor ADELINE WALKER, Corresponding Secretary, Santa Ana Historical Preservation Society , a non-profit corporation of the State of California 5 LEASE AGREEMENT FOR THE DR. HOWE - WAFFLE HOUSE AND CARRIAGE HOUSE BETWEEN THE SANTA ANA HISTORICAL PRESERVATION SOCIETY AND THE CITY OF SANTA ANA THIS AGREEMENT made this 2nd day of January , 1975, by and between the City of Santa Ana, a chartered municipal corporation, hereinafter referred to as "CITY" and the Santa Ana Historical Preservation Society, a non-profit corporation of the State of California, hereinafter referred to as "SOCIETY" R E C I T A L S 1. CITY has scheduled construction to widen Civic Center Drive. Such construction will necessitate the removal of the historical Dr. Howe - Waffle House and Carriage House located at the northwest corner of Bush and Seventh Street, hereinafter "Waffle House" and "Carriage House". 2. The Board of Supervisors, County of Orange, herein- after "COUNTY", has donated a site to be leased to the City at the southeast corner of Civic Center Drive and Sycamore in the proposed Heritage Square for the relocation by CITY of said Waffle House, and the relocation by SOCIETY of the Carriage House. 3. SOCIETY wishes to lease, restore, preserve and operate said Waffle House and Carriage House as an historical landmark to be open to the general public for visitation. 4. CITY desires to have situated in Santa Ana an historical monument preserved and restored for visitation and enjoyment by the general public. In consideration of the following covenants and conditions, it is agreed: 1. CITY agrees to lease to SOCIETY certain structure known as the Dr. Willella Howe - Waffle House and the Carriage House and further agrees to sub -lease to SOCIETY for use as a site for said structure that certain property leased by the CITY from the County of Orange located at the southeast corner of the proposed Civic Center Drive and Sycamore Street, Lots 7 and 10, in the town of Santa Ana, City of Santa Ana, County of Orange, State of California, excluding the southerly 45 feet thereof, and all portions lying within the public street area. 2. The term of this lease shall be for a period of twenty (20) years, hereinafter called the lease term. The lease term shall commence December 31 , 1974, and continue until December 31 , 1994. At the completion of said 20-year term, this lease agreement shall automatically become a one (1) year periodic tenancy, unless either party terminate said agreement by written notification -2- six months prior to termination. 3. SOCIETY agrees to and shall pay to CITY at 20 Civic Center Plaza, Santa Ana, California, 92701, or at such other place as CITY shall from time to time in writing designate as rent for the leased premises, the total sum of One ($1.00) Dollar annually payable on the first of each year, commencing January 1, 1975. 4. CITY shall provide Fire and Extended Coverage Insurance for said Waffle House and Carriage House under the City's blanket policy. SOCIETY shall hold CITY harmless for all liability of any kind whatsoever beyond the limits of or not included in said policies of insurance. Except for the named coverages, SOCIETY shall hold the CITY harmless from all liability and claims for damages by reason of any injury to person or persons or property of any kind whatsoever and to whomever belonging, from any cause or causes whatsoever lying in, upon, or in any way connected with the lease premises, or during the term of this lease or any extension hereof or any occupancy hereunder. Furthermore, SOCIETY covenants to inform CITY of any and all injuries which may result to any person on said premises. 5. SOCIETY promises not to assign or sublet the premises described in the lease, or any interest therein, or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person to occupy or use said premises, without the express written consent of the CITY. 6. The agents and employees of CITY shall have the right to enter upon said premises at all reasonable -3- times to maintain and inspect the same to make such repairs and render maintenance as the CITY may reasonably require. 7. In the event SOCIETY has not completed the initial restoration included in the restoration agreement dated January 2, 1975 , CITY shall have the right to cancel this lease and re-enter the premises. 8. Upon termination of this lease, SOCIETY shall peacefully and quietly leave, surrender, and yield to CITY the leased premises in as good a condition as is reasonable 9. In the event CITY is required to commence legal proceedings to enforce the terms and conditions of this lease, or to recover possession of said premises, SOCIETY shall pay all costs in connection therewith, including, but not limited to reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed lease JAMES A. WITHERS, CITY ATTORNEY ATTEST: Florence I. Malone, Clerk of the Council CIT1�-., _ ANTA ANA a municipal c r rati on vernon �j. tvans, mayor 20 Civic Center Plaza Santa Ana, California 92701 SANTA ANA HISTORICAL PRESERVATION SOCIETY, anon -profit By By -4- eline Walker, Secretary es�rdent orresponding