HomeMy WebLinkAboutGRAHAM, GARY AND LORETTARECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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A-2001-058 HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this 2" a day of April, 2001 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 Gary L. and Loretta J, Graham, (hereinafter referred to as "Owners"), owners of
real property located at 2351 North Park Boulevard, Santa Ana, California in the County of
Orange and listed on the Santa Ana Register of Historic Properties.
RECITALS
WHEREAS, 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; and
WHEREAS, the Owners possess fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 2351 North Park
Boulevard, 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"; and
WHEREAS, the Historic Register Property is officially designated on the Santa Ana
Register of Historic Places pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code; and whereas the City Charter prescribes the use of Mills Acts agreements to
encourage historic preservation; and
WHEREAS, the City and the property Owners, 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 the Owners
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; and
HA-01-1-H RA
-1- HR-01-2-HRC
HR-01-3-HPPA
EXHIBIT 5
WHEREAS, the Owners and the 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 19, See. 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 Owners of the historic property
agree as follows:
Section 1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on July 1, 2002, 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.
Section 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 Owners or the City desire(s) in any year not to renew the Agreement, the Owners or
City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior to
the annual renewal date, or served by the City to the Owners 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 Owners 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 Owners of nonrenewal.
D. If either the Owners 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.
Section 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. Owners 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-
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defining features, 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.
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 of 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 B, and incorporated herein by
this reference. The condition of the exterior of the property, as of the effective date of
this Agreement, is documented in photographs attached hereto as Exhibit B and
incorporated herein by reference. Owners shall continually maintain the historic property
in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the historic property from the public
right-of-way shall be maintained, and Owners 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 alternations 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.
Section 4. Furnishing of Information.
The Owners hereby agree 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.
Section 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 Owners have breached any of the conditions of this Agreement or have 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 Owners have failed to restore or
rehabilitate the property in the manner specified in Section 3 of this Agreement. If a
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contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the
State Controller as set forth in Government Code Section 50286, which states that the fee
shall be twelve and one-half (12 %) percent of the full value of the property at the time of
the cancellation 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
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.
Section 6. Enforcement of Agreement
A. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced
herein, the 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
the Owners, the City shall give written notice to the Owners by registered or certified
mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy
City Manager for Development Services 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 the Owners), then the 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 the Owners growing out of the terms
of this Agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owners or apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owners if the 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 the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach of this Agreement.
No waiver by the 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.
Section 7. Binding effect of Agreement.
A. The Owners hereby subject the historic property, located at 2351 North Park Boulevard,
Assessor Parcel Number, 002-133-17, and more particularly described in Exhibit A, in
the city of Santa Ana, to the covenants reservations, and restrictions as set forth in this
Agreement.
B. The City and Owners hereby declare their specific intent that the covenants, reservations
and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owners' 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 cxecuted, delivered, and accepted subject to the tenants, restrictions,
and reservations expressed in this Agreement regardless of whether such covenants,
restrictions and reservations are set forth in such contract, deed, or other instrument.
Section S. No Compensation
Owners shall not receive any payment from the 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 the Owners 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.
Section 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
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owners: Gary L. Graham and Loretta J. Graham
2351 North Park Blvd.
Santa Ana, CA 92706
Section 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 Owners 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 Owners or those of his or her
contractor, subcontractor, agenda, employee, or other person acting on his or her behalf
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which relates to the use, operation, and maintenance of the historic property. The
Owners 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 Owners' 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 the City prepared, supplied, or
approved the plans, specifications or other documents for the Historic Property.
D. All of the Agreements, rights, covenants, reservations, 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.
Section 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.
Section 12. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument
executed by the parties hereto.
Section 13. Signatures
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IN WITNESS THEROF, City and Owners have executed this Agreement on the day and year
first written above.
Date: -,�-04 —0(
Date: 2z� e4z
Date: -® o /
Approve as to form:
City of Santa Ana
/Miguel A. P4
Owners
By: ..... . r?.- sham
Ga-
By:
Loretta J. Wwham
Attest:
Patricia E. Healy
City Clerk
Exhibit A
All that certain land situated in the State of California, County of Orange, City of Santa Ana,
described as follows; A portion of Lot 126 of "Tract No. 425, North Broadway Park," as shown
on a map recorded in Book 16, Pages 33 and 34 of miscellaneous maps, records of Orange
County, California.
Excepting therefrom the following: Beginning at the northwest corner of said lot 126; thence
south 20 feet along the west line of said lot 126; thence northeasterly to a point on the north line
of said lot 126; which point is distant t40 feet from the northwest corner of said lot 126; thence
west along the north line of said lot 126 to the point of beginning.
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Exhibit B
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 alternations 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
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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.
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Exhibit C (Twenty photographs attached)
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West Elevation
State of Califomia
County of
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OPTIONAL INFORMATION
The information below is not required by law. However, it COL11d prevent f'raudulent attachment of' this acknowl-
edgement to ail unaUthorized CIOCUment.
INDIVIDUAL
CORPORATE OFFICER
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PARTNER(S)
ATTORNEY -IN -FACT
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SIGNER IS REPRESENTING:
NAME OF'PERSONS) OR ENTITY(IFS)
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NUMBER OF PAGES
DATE OFDOCLMENT
RIGHT THUMBPRINT
OF
SIGNER
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APA 5/99 VALLEY SIERRA, 800-362-3369
State of California
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On 20tl beforeme,
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personally appeared ........ ..
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proved to me on the basis of satisfactory
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the sarne in his/her/their authorized
capacity(ies'), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity L11)011 behalf of which the
person(s) acted, executed the inStrUrnent.
WITNESS my hand and official scat.
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N"flARf's SIGI
The information below is not required by law. However, it could prevent fraUdulent attachment of this acknowl-
edgernent to an unauthorized CIOCUrnent,
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL,
CORPORATE OFFICER
TITLEO TYPE(A"DOCUMENT
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❑ NI"TORNEY-IN-FACT NUMBE�R OF PAGES
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NAME OF PERSONaS) OR ENI IrYIIEIS)
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APA 5/99 VALLEY -SIERRA, 8W-362 3369
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _ 04ewikeI ss.
On before me, W"
Date And � Me of Officer (e�g_ ',Panc, [)iDe, N ytra,, F
Name
personally appeared _A[1X1U0L_
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the same in hiss".@4. authorized
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WITNESS my hand and official seal,
Place Notary Sed Above
OPTIONAL
Though the in1`017-17ation below is not required by law, it may prove valuable to persons relying on the doCL1177eot
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docurnent
Title or Type of DOGLATient: ____ 4" 1-
Document Date: Number of Pages: . . ....
Signer(s) Other Than Narned Above:
Capacity(ies) Claimed by Signer
Signer's Name;
Individual
Corporate Officer —Title(s):Partner-..-!Partner-i Limited _. General
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Signer Is Rejareseriting:_
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