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HomeMy WebLinkAboutWILD ORCHID INVESTMENTS, LLCRecorded in Official Records, Orange County RECORDING REQUESTED BY Hugh Nguyen, Clerk -Recorder AND WHEN RECORDED MAIL TO: IIIII IIIIIII�IIIIIIIIIIII�I �IIII IIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIII NO FEE City of Santa Ana *$ R 0 0 1 5 2 3 6 5 0 2$ 20 Civic Center Plaza (M-30) 202400028877010:46 am 11105/24 Santa Ana, CA 92702 603 RWlA Al2 18 Attn: City Clerk's Office 0.00 0.00 0.00 0.00 61.00 0.00 0.000.000.00 0.00 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Return FULLY EXECUTED, Copy to City Clerk, M-30 HISTORIC PROPERTY PRESERVATION AGREEMENT A-2024-177 J. �eAW 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 T and existing under the Constitution and laws of the of the State of California (hereinafter referred g (� NOV 0 4 2024 to as "City"), and Wild Orchid investments, LLC, a California limited liability company, (hereinafter collectively referred to as "Owner"), owner of real property located at 214-218 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 214-218 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. MILLSACTAGREEMENT 214-218 W. 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 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 October 16, 2024, 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- MILLSACTAGREEMENT 214-218 W. 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 miles 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. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2022-20) staff report dated September 5, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested 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 are 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 3- MILLS ACT AGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92701 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 'h) 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 terns 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. 4- MILLSACTAGREEMENT 214-218 W. Fourth Sheet Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 214-218 West Fourth Street, Assessor Parcel Number, 398-264-16, 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 Santa Ana National Register 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. 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: Wild Orchid Investments, LLC Liennette Chung 214-218 West Fourth Street Santa Ana, CA 92701 5- MILLSACTAGREEMENT 214-218 W. 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. 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. -6- MILLSACTAGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92701 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} FA ATTEST: car � OWNERS Date: � 16r APPROVED AS TO FORM: SONIA CARVALHO City Attorney e BRANDON SAMVATIERRA Deputy City Attorney MILLSACTAGREEMENT 214-218 W. Fourth Sheet Santa Ana, CA 92701 CITY OF SANTA i ALVARO NL City Manager WILD ORCHID INVE MENTS, LLC LIENNETTE CHUNG SEE ATTACHED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 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 1 County of lla S {fit �cx2 J On IS0 4 before me, �tts i°tSrs rrewn vt — i%rN�a�,I L , Date Here Insert Name and Title of the Oe r personally appeared of SignerV) who proved to me on the basis of satisfactory evidence to be the persono whose name,(§) is/ay6 subscribed to the within instrument and acknowledged to me that hAllshe/thiVj executed the same in is/her/th/ir authorized capacity(i�), and that by hi//her/tl 6ir signatureo on the instrument the person(pj, or the entity upon behalf of which the person acted, executed the Instrument. =bli EWAN52599 zCallfornia oCountyJul 6, 2027 Place Notary Seal and/or Stamp Above 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. Signaturte��fir^ Tc "I Signature of Notary Public Vr,,V,mN4 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached C Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): X Partner— D Limited XGeneral ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: _ Number of Pages:__ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: -1. ..i e$.I..,i . -:.i .. ef.t )i` �..:. K ....::. (.i i.. 02019 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 1 County of 0 ronae. Jy On CC ' 31 t 202y before me, EVtj jn TbcAy 6j INPL- lr� Date Here Insert Name and Title of the bfficer personally appeared VG'f0 NidtFc?- • Names) of Signer(s) who proved to me on the basis of satisfactory evidence o be the person(s) whose name(s) is re subscribed to the within instrument and acknowledged to me that/she/they executed the same i i her/their authorized capacity(ies), and that by I /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ac ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing rvftyN leaaPA paragraph is true and correct. Notary Public • California oran9• county commission 0 Z avoe� WITNESS my hand and official seal. *,my Comm. EX0irn Nay 7. 1028 Signature Place Notary Seal and/or Stamp Above Si_4kkre of Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: • • National NotaryAssociation Numberof Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT A LEGAL DESCRIPTION PARCEL 1: MILLS ACT AGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92707 THOSE PORTIONS OF LOTS 7 AND 10 IN BLOCK 12 OF THE TOWN OF SANTA ANA, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 10 FEET AND 8 INCHES WEST OF THE NORTHEAST CORNER OF SAID LOT 10; THENCE WEST 51 FEET AND 4 INCHES; THENCE SOUTH 100 FEET; THENCE EAST 51 FEET AND 4 INCHES; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING. PARCEL 2: A RIGHT OF ENTRY AND RIGHT OF WAY OVER 4 FEET FRONTING ON FOURTH STREET AND ADJOINING PARCEL 1 ABOVE DESCRIBED ON THE EAST, FOR A STAIRWAY FOR THE JOINT USE OF THE BUILDING ON THE EAST AND ON THE WEST OF SAID STAIRWAY, AS CONVEYED BY DEED FROM W.H. SPURGEON TO FRANK RIVERIN, RECORDED IN BOOK 138, PAGE 346 OF DEEDS OF LOS ANGELES COUNTY. Assessor's Parcel Number: 398-264-16 Exhibit B The Elwood REF. NO. 152 214-218 West Fourth Street F Santa Ana ZIP 92701 ORANGE COUNTY LT 1886/1933 LOCAL REGISTER CATEGORY: Contributive DISTRICT Downtown Santa Ana NEIGIIBORHOOD N/A REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE I ID Location: ❑ Not for Publication USGS 7.5" Quad Date: ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Art Deco T R 'A of %4 of Sec B.M. DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Art Deco style is characterized by smooth wall surfaces, often of stucco; zig zags, chevrons, fluting, reeding, and other low -relief stylized and geometric motifs as decorative elements on the fagade; accents of terra cotta, glass, or metal; polychromy; rectangular or compound forms; and a more vertical emphasis than its close stylistic relative, Streamline Moderne. Art Deco was essentially a style of decoration, and was applied to jewelry, clothing, furniture, and handicrafts as well as architecture. In style between 1920 and 1940, Art Deco was popularized by the Exposition des Arts Decoratifs held in Paris in 1925. It was most commonly utilized on commercial or public buildings. Page 1 of cm\historic\templates\Fourth 214 W (The Elwood) 7/23/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) 214: May 10, 1921. Skylights. August 1922. Alter business room. September 10, 1925. Alterations. July 19,1926. Reinforce floors. April 3, 1929. Alterations. April 6, 1933. Repair business building. July 13, 1939. Repairs to store building. November 4, 1946. Remodel window space. January 28, 1957. Alteration to store building. May 26, 1983. Partitions. June 20, 1984. Structural rehab. 218: 214-216-218: April 6, 1933. Repair business building August 7, 1933. Alterations. June 8, 1939. Relocate stairway. February 3, 1944. Alterations, November 1, 1950. Repair fire damage. September 17, 1958. Remodel Interior store building. September 7, 1962. Interior and exterior alterations. June 20, 1984, Structural rehab. March 25, 1988. Metal and glass storefront for display. 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.) Historic photographs indicate that The Elwood (also known as the Spurgeon Annex) has undergone several transformations since its 19" century construction, although its basic building fabric and proportions remain intact. The present appearance of the upper story dates to 1933, when repairs were made following the Long Beach Earthquake. The lower story storefronts have been remodeled more recently. Two stories tall with a flat roof, the building is of brick construction and is faced with stucco. Pilasters with stepped caps divide the upper story into five bays, each containing a single, double -hung sash window. A corbel course edges the plain parapet. Below a belt course, the street level contains three storefronts, all altered, and the entry to the upper story. HISTORIC HIGHLIGHTS: This building was constructed during the 1886-1888 boom and remodeled in the aftermath of the Long Beach Earthquake. Formerly used as a lodging house, the upper story was known as The Elwood from 1904 until 1929. A doorway led directly into the Spurgeon Building next door until 1929. Street level tenants included a confectionary and a bakery. (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP 6) 1-3 story Commercial Building Page 2 of 4 cm\historicAtemplatesAPourth 214 W (The Elwood) 7123/01 RESOURCES PRESENT: M Building ❑ Structure ❑ Object MOVED? M No ❑ Yes ❑ Unknown ❑ Site ❑ District M Element of District Date: Original Location: ❑ Other 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 Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s saw the construction of many new business blocks or remodels along Fourth and adjacent streets, and by the 1920s Santa Ana's downtown had expanded in all directions to include both commercial and civic development. In 1933, the repair and rebuilding following the Long Beach Earthquake added to the number of downtown buildings displaying the fashionable Art Deco style. The Elwood is significant as an example of the rebuilding of Fourth Street, which took place in the wake of the earthquake. The Victorian era construction is still apparent in the utilitarian southern elevation. Character -defining exterior features of the property, which should be preserved, include but may not be limited to: original and 1933 exterior finishes; bay divisions, including pilasters; original and 1933 fenestration; and parapet. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as "Contributive" for its contribution to "the overall character and history" of downtown Santa Ana and as a "good example of period architecture" that "has not been substantially altered" (Municipal Code, Section 30-2.2(2)). OWNER AND ADDRESS: Page 3 of 4 em\historlc\Iemplales\Fourth 214 W (The Elwood) 7/23101 RECORDED BY: (Name, affiliation, and address) Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 3.2001 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. (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York W W Norton 1998 McAlester, Virginia and Lee. A Field Guide to American Houses, New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "IIow to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Department of the Interior, 1991. Marcus. American Architecture Since 1780. Cambridge: MIT Press, EVALUATOR: Leslie J. Hermann EXPLANATION OF CODES: DATE OF EVALUATION: July 3, 2001 • National Register 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, or 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) 1D: Contributor to a listed district. Page 4 of 4 cmNlAstorieVemplatcsTourth 214 W (The Elwood) 7123/01 MILLSACTAGREEMENT 214-218 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. -2- MILLSACTAGREEMENT 214-218 West Fourth Street Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Iistoric 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, and such design is compatible with Exhibit D: Proposed Structure Improvements ("Work Plan") 214-218 West Fourth Street Item Year Improvement 1 Ongoing Continued repair and repainting of the building and character -defining features 2 2026 Replacement of any non -compatible hardware and/or fixtures 3 Ongoing General maintenance and upkeep of rooftop mechanical equipment 4 2029 Replacement and/or repair of storefront glazing (as needed 5 2030 Restore rooftop flagpole that was originally installed on the rooftop of The Elwood Building