Loading...
HomeMy WebLinkAbout4TH AND BROADWAY OZ SPEC, LLC A DELAWARE LIMITED LIABILITY COMPANY qD Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder ID1101 110III!JI. II0 II II I I [1II 011 II ID II NO FEE * $ R 0 0 1 4 7 0 9 2 3 9 $ * RECORDING REQUESTED BY 2023000312734 8:39 am 12/20123 AND WHEN RECORDED MAIL TO: 480 RW1 A Al2 18 City of Santa Ana 0.00 0.00 0.00 0.00 51.00 0.00 0.000.000.00 0.00 20 Civic Center Plaza(M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE§27383 Nr Return FULLLY EXECUTED Copy to COTC, M-30 HISTORIC PROPERTY PRESERVATION AGREEMENT A-2023-196 O t�'� f�l This Historic Property Preservation Agreement ("Agreement") is made and entered into DEC 0 7 2023 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 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company, (hereinafter collectively referred to as "Owner"), owner of real property located at 302 West Fourth 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 302-308 1/2 West Fourth Street and 324 North Broadway, Santa Ana, CA, 92701 (collectively referred to as 302 West Fourth Street, Santa Ana, CA 92701)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 302 West Fourth Street Santa Ana, CA 92701 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 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 November 8, 2023, 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. _2_ MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 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. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. 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 -3 - MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 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 '/) 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. _q MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 302 West Fourth Street, Assessor Parcel Number, 398-591-05, 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, 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. c. This property is listed in the Santa Ana Register of Historical Properties (Register) and is located in the Downtown Register National Historic District. In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register and is located within the Downtown Register National Historic District. 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: City Cleric's Office Owners: 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company Attn: Jeff Pintar 302 West Fourth Street Santa Ana, CA 92701 5 - MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 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 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. MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana,CA 92701 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) MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana,CA 92701 ATTEST: CITY OF SANTA ANA CI the UnCI Thomas Hatch Interim City Manager OWNER Date: I I 'LO/ Z j By: JEFF INTAR 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: BRA ON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency -8- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c�c> >fS) c CcY CeC_c—cs�CscP fsYcrefcoa rn<d • r�n. — — 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 Ur'( \c\,C. 'Q n ) On \\1 O 1 zD,�� before me, i-iV\U Q-IcLi G1\ Q\ V(-- Date Here Insert Name and Title of he Officer personally appeared `}� \-G\r- Name(s) of Signer(s)- who proved to me on the basis of satisfactory evidence to be the person*) whose names) 6/are subscribed to the within instrument and acknowledged to me that hetslae/they executed the same in his/her/their authorized capacity(ies),and that by his/her/Wier signature(s).on the instrument the person(s) or the entity upon behalf of 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. ry ANA GALVAN Notary Public•California `: Orange County :`• . ° Commission#2432987 Signature �l,Faa"' My Comm.Expires Dec 31,2026 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ ❑ Corporate Officer — Title(s): i.J Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑General El Partner — L:I Limited CI General Individual Li Attorney in Fact ❑ Individual 1.I Attorney in Fact Trustee Guardian or Conservator ❑Trustee ( .I Guardian or Conservator ❑ Other: L7 Other: Signer Is Representing: Signer Is Representing: e�czrzticc��e��Rsc�cry ce?�cg r rzt�x�cc�c���e�ce c_ •s ©2014.National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE REAL PROPERTY RECORDED DECEMBER 30, 1957, IN BOOK 4150, PAGE 305, OF OFFICIAL RECORDS OF CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF FOURTH STREET WITH THE WEST LINE OF BROADWAY; THENCE WEST ALONG THE SOUTH LINE OF FOURTH STREET, 92.15 FEET; THENCE SOUTH 100 FEET; THENCE EAST 92.15 FEET; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 398-591-05 -9_ • Exhibit B diy4 tl l4 taiii. :y 1 3 h t etP - 4 NAME Gilmaker Block REF.NO. ADDRESS 302-308 W.4th Street/324 N.Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY I YEAR BUILT 1920 LOCAL REGISTER CATEGORY: Key 'STORIC DISTRICT Santa Ana Downtown NEIGHBORHOOD NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE ID Location: ❑ Not for Publication El Unrestricted USGS 7.5"Quad Date: T� R — _of _of Sec B.M ❑ Prehistoric ® Historic 0 Both ARCHITECTURAL STYLE: Other DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: This utilitarian building reflects its function rather than the influence of any architectural style or movement. Page I of 4 cmlhistorkUcmpnalcswourth 302 W 2e20/01 HRCA 01-121HRC 01-12 EXHIBIT 3 CONSTRUCTION HISTORY: (Construction data,alterations,and date of alterations) Built in 1920(Edwin C.Thorne,architect;R.C.McMillian,contractor) trefront alterations mid 1960s .artifie4 rehabilitation 1987 RELATED FEATURES: (Other important features such as barns,sheds,fences,prominent or unusual trees,or landscape) None. DESCRIPTION: (Describe resource and its major elements. Include design,materials,condition,alterations,size,settings,and boundaries.) Occupying the southwest corner of N.Broadway and W.4th Streets,the Gilmaker Block is a one story commercial building of brick construction. Piers divide the primary(north)elevation into four equal sized bays containing glazed storefronts. Two additional bays are located on the east elevation,along with a larger expanse containing an assortment of windows and entries. Transoms top windows and doors,and black tile faces the bulkheads. The focus of the design is the white glazed brick trim that outlines the piers and door surrounds,defines the frieze,and embellishes the parapet. Triangular ornaments adorn the piers. The parapet hides the roof,and is punctuated by the tops of the piers. Recently rehabilitated,the building today reflects the tradition of brick commercial construction influenced by the vocabulary of classical building styles. HISTORIC HIGHLIGHTS: According to previous survey and research,the Gilmaker Block was either an extensive remodel of an 1888 brick building or the construction of a new building on an older foundation(Thomas 7:31). From the 1890s until 1909,an intricate Queen Anne facade covered the 302-306 portions of the building and faced onto Broadway,and the corner shops were occupied by grocery and produce businesses. Edwin C.Thorne of Los Angeles designed this new facade in 1920. By 1929,McCoy Drug Company occupied 302 W. 4th,where it continued until 1940. At that time it changed to Gorzman's Drugs. At the west end of the building,308 W.4th was a restaurant after 1916 and continued as such under a variety of names until 1934. The IL W.Thomas shoe store occupied the space for many years,starting in 1939. (Les,43) RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources,Office of Historic Preservation.) (HP 6) 1-3 story commercial building • P.,ge 2 of I cmttsloricMomplatcswowth 302 W 2f20001 RESOURCES PRESENT: El Building ❑ Structure ❑ Object ❑ Site ❑ District ® Element of District ❑ Other MOVED? ® No ❑ Yes ❑ Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period,geographic scope,and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s,Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on 4th Street,with the heart of the city at the intersection of 4th and Main Streets.(Thomas,8:1) By the turn of the century and into the 1920s,older building facades were being updated and renewed by remodeling,a practice that intensified following the 1933 earthquake. The Gilmaker Block is an 1888 building that either was extensively remodeled or rebuilt by architect Edwin C.Thorne in 1920. The building has architectural significance as an appropriately rehabilitated example of the brick vernacular commercial style that was prevalent on smaller commercial building in towns across the west. As a result of the rehabilitation,the building illustrates many of the characteristics of this building type,including the use of glazed brick to define traditional building features;brick construction; recessed entrances flanked by large display windows;glazed transoms;and an overall balanced appearance. Although altered,the Gilmaker Block effectively conveys its style and period of construction. Character-defining exterior features which should be preserved include,but are not limited to: brick exterior;glazed brick trim; parapet;bay divisions articulated by piers;and architectural ornamentation. ;MMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1987 as a contributor to the Downtown Historic District, following completion of a certified rehabilitation. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. As a well-articulated example of a building type prevalent during the first quarter of the 20d'century,the Gilmaker Block satisfies Criterion 1 for inclusion in the Santa Ana Register of Historical Property. Additionally,the property has been categorized as"Key"because it has a"distinctive architectural style and quality"and"is characteristic of a significant period in the history of the City of Santa Ana"(Municipal Code,Section 30-2.2(2)). OWNER AND ADDRESS: Bruno and Raquel Ledwin P.O.Box 7677 Laguna Niguel,CA 92607 Ng.3 of 1 caliistodc templatcsWour0302 W 2/20/01 RECORDED BY: (Name,affiliation,and address) Leslie Heumann&Liz Carter Science Applications International Corporation 35 S.Raymond Avenue,Suite 204,Pasadena,CA 91105 DATE RECORDED; January 19,2001 SURVEY TYPE: (Intensive,reconnaissance,or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les,Kathleen, "Santa Ana Historic Survey,Final Resources Inventory:Downtown," May 1980. Thomas,Harold M. "Downtown Santa Ana Historic District"National Register nomination form, 1984. REFERENCES: (List documents,date of publication,and page numbers. May also include oral interviews.) Harris,Cyril M. American Architecture:An illustrated Encyclopedia. New York,WW Norton, 1998. Heritage Orange County Inc. "Downtown Santa Ana I-Iistoric District Walking Tour,"nd. McAlester,Virginia and Lee. A Field Guide to American Houses. New York;Alfred A.Knopf,1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC:National Register Brunch,National Park Service,US Department of the Interior, 1991. Whiffet',Marcus. American Architecture Since 1780. Cambridge:MIT Press, 1969. EVALUATOR: Leslie Heumann DATE OF EVALUATION: January 19,2001 EXPLANATION O10 CODES: ' • National Reaiste('Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources,Office of. `:Historic Preservation): • C that embody the distinctive characteristics of a type,period,method of construction,or that represent the work of a master,or that possess high artistic values,or that represent a significant and distinguishable entity whose components may lack individual distinction National Register Status Code; (From Appendix 2 of Instructions for Recording Historical Resources,Office of Historic ' :=Preservation) • 10: Contributor to a listed district Past,4"f 4 embistarla tomplalcsWourlh 302W 2/20/01 MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a'building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with _ t _ MILLS ACT AGREEMENT 302 West Fourth Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. _Z_ Exhibit D Proposed Structure Improvements("Work Plan") 302 West Fourth Street Year Improvement 2024 Renovation of existing building, including utility upgrades,tenant improvements, and a new demising plan for interior units. 2024 All character-defining features on the north and east facades will be protected and repaired in-kind as needed,which includes original brick exterior,glazed brick trim, parapet, bay divisions articulated by piers, and architectural ornamentation. 2024 The storefront addressed 304 West Fourth Street is composed of non-original replacement materials(aluminum-framing and replacement glazing)and will be restored to original wood-frame and glazing materials to match the original materials on the adjacent storefronts. 2024 The two storefronts addressed 306 and 308 West Fourth Street, each feature a wood spacer between them in order to support a wall between the two retail spaces.The spacers at the doors and between the upper transoms will be removed in order to align the doors as true double-doors.The transoms will be restored as a single transom at each storefront. 2024 Addition of two new accordion-style aluminum metal doors with glazing, which will replace non-original windows at the east facade (while maintaining and protecting in place the original multilight transoms above) 2024 Building code modifications to the existing paired pedestrian doors on the east facade,which consist of changing the door swing orientation, lowering the floors, and removing the exterior steps. 2024 Wall at rear(south)facade to be rebuilt for structural purposes. New wall will reuse existing brick as feasible and include new door and window openings. New wall design to reflect existing design to amount feasible in order to preserve historic character. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 J} On De(Cn1btr , 2013 before me, F\ ai� `1. fl'1Ctk\a, NUfitl� PV 9'C Date Here Insert Name and Title of the Officer personally appeared IllOmas R. �Ufh Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence o be the person(s)whose name(s �s'are subscribed to the within instrument and acknowlged to me that executed the same iris /her/their authorized capacity(ies), and that by /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 ABIGAIL Y.ALCALA .:. s paragraph is true and correct. Notary Public-California Airit Orange county WITNESS my hand a d offic.: eal. ° Commission#Dec 26 2 Foa"� My Comm.Expires Dec 26,2023 Signature Place Notary Seal and/or Stamp Above 'igna r of'N Public OPTIONAL Completing this information can deter alteration of the do ment or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 4 b B(DQdval Oti sr5 t,1,G Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited 0 General ❑ Partner— ❑ Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: CO-1 Of SGf'ltl fl11G1 Signer is Representing: ©2018 National Notary Association