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Home My WebLink About25A - HISTORIC PROPERTY PRSV. REQUEST FOR COUNCIL ACTION . CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: APRIL 19, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-01 FOR THE PROPERTY LOCATED AT 2028 NORTH VICTORIA DRIVE t2.4 a CITY MANAGER APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1" Reading 0 Ordinance on 2"' Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO r/iJ. FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Love Revocable Trust, Ron Love and Dianne E. Davis as Trustees, for the structure located at 2028 North Victoria Drive. .Historic Resources Commission Action Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Love Revocable Trust, Ron Love and Dianne E. Davis as Trustees, for the structure located at 2028 .North Victoria Drive at its April 1, 2004 meeting by a vote of 8:0 (Chinn absent). DISCUSSION At the public hearing on April 1, 2004, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. . 25A-1 HPPA No. 2004-01 April 19, 2004 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $192.18 to $960.88 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: sð:!! )~~ng Executive Director Planning & Building HS:rb Agency Services Agency hs\reports\hppa04-01 2028 Victoria.cc 25A-2 REQUEST FOR Historic Resources Commission Action ~ RESOURCES COMMISSION MEET1IIG DATE: APRIL 1, 2004 ~ ~ HISTORIC RESOURCES COMMISSION SECRET MY TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-01 FOR THE PROPERTY LOCATED AT 2028 NORTH VICTORIA DRIVE APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske 4 ~2~irector = ~",g" RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Love Revocable Trust, Ron Love and Dianne E. Davis as Trustees, for the structure located at 2028 North Victoria Drive. eISCUSSION Request of Applicant The applicants, Mr. Ron Love and Ms. DianneE. Davis, Trustees for the Love Revocable Trust, request the approval of Historic Property Preservation Agreement No. 2004-01 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached, single-car garage located at 2028 North Victoria Drive, and is within the Floral Park neighborhood. Surrounding land uses are residential. . Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA) , commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment .0 maintain the property in a good. state of repair and to rehabilitate he property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT ~5A-3 HPPA No. 2004-01 April 1, 2004 Page 2 . One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in April 2003 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A . review of the property indicates that this Italian Renaissance Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow preservation of the property. reinvestment for the long-term 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~l~ Assistant Planner II ~~/);1aç'JI 1)( i?oJ;, Maya DeRosa Senior Planner HS:JM hs\reports\hppaO4-01 2028 victoria.hrc 25A-4 EXECUTIVE SUMMARY . GEORGE HOUSE 2028 North Victoria Drive Santa Ana, CA 92706 NAME George House I REF. NO. ADDRESS 2028 North Victoria Drive CITY Santa Ana ZIP 192706 I ORANGE COUNTY YEAR BUILT t928 LOCAL REGISTER CATEGORY, Landmark mSTORICDISTRICT IN/A NEIGHBORHOOD I Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 13S .Location: D Not for Publication ~ Unrestricted D Prehistoric ~ Historic D Both ARCHITECTURAL STYLE: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) The late nineteenth and twentieth century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was popular from the late nineteenth century until the 1930s. It was inspired by the designs of the palazzi of northern Italy and popularized by American architects McKim, Mead, and White. Utilized on public blrildings and commercial buildings, the vocabulary of the style also influenced the appearance of ornate homes. Characteristic features associated with the residential usage 'ofthe style generally include masonry or stucco exteriors; hipped tile roofs; pilasters, columns, quoins, and other classical details; and a balanced, often symmetrical appearance. Lower stories are generally emphasized through their proportions and fenestration. eches are incorPorated into the majority of the designs, often referring to Palladian precedents. SUMMARY/CONCLUSION: The George House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I for its exemplification of the Italian Renaissance Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its ,age, style, scale, and historic association with a prominent member of the local business community. In addition, the George House has been categorized as "Landmark" because the blrilding "appears to be eligible", to be placed on the National Register and the California Register and "has a unique architectural significance" as an elegant and intact example of the Italian Renaissance Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). ,'. EXPLANATION OI(CODES: - " "-,, - . ,"'."'., .' .:' , '. . '.. .'.'. .. ". 'a.fot,Evalwilion: (From Appei1dix 7ófÍòStructions for ReCordirig-Hi~íòriCalReso!:n-ces;.Office of, ; .;~:ft!~~=~~~!~~:~" Work of ~ ma~ier. or thai j;oss~s~:high artistic valu;.s:Qr'il¡at.~èjJtès~ÌlÌ"a significant itiIddistinguishable.entity whose co/l1XJnents maY.lackil¡Cividualdistinctiðn, , :;.:". ,.' ,,' 0 Nationa,l Register~tatus Code, (From Appendix 2 ofInstructions for Recording Historical Resources;Office of Historic Prcservatibn) ':. ':' " , ,3S: .,. .C: . EXHIBIT 1 Page 1014 25A-5 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Page..L of ...L. P1, Other Identifier: *P2, Location: DNot for Publication 8Unrestricted *a, County Orange County *b, USGS 7,5' Quad: Orange TCA 1725 Date: *c, Address 2028 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 002-111-16 See 1 T5RI0Lot: 107X170Ft. Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) George House Date *P3a. Description: (Describe resource and its major eiements. Include design, materials, condition, alterations, size, setting, and boundaries.) Framed by a pair of towering evergreen trees, this is a two-story residence in the Italian Renaissance Revival style. Crowned by a hipped and tiled roo~ the rectangular building is sheathed with stucco and trimmed with quoins at the comers. Regular although not strictly symmetrical in composition, the façade is organized around a projecting entrance bay that is also delineated by quoins. Centered within the bay, the entry is dramatically arched, with a quoined surround, and contains a round-headed, paneled, oak door. Above it on the second story, a band offour, multi-paned windows is adorned by a wrought iron balconet supported on corbels. Two bays to the south and one bay to the north of the entrance are defined by triple casement windows on the lower story and paired windows on the upper story. The two windows closest to the entry are set into blind arches. A large arch also defines the porte cochere that extends from the north end of/he house. The entire façade, with the exception of the porte cochere, is spanned by a terrace that is enclosed by a classical balustrade. A garage in the rear of the property is just visible through the porte cochere and wrought iron gate and appears to complement the house in its use of a tiled roof. Virtually unaltered, the house is enhanced by the trees, shrubs and lawn in the front setback, through which a broken concrete path leads to the terrace and the entry. *P3b. Resource Attributes, (list attributes and codes) HP2. Single-family Property' *P4, Resources Present, 8Buildin9 DStructure DObject DSlte DDistrict DElement of District DOther P5b. Photo: (view and date) East elevation March 2003 *P6, Date Constructed/Age and Sources: 8historic 19281 Source: City of Santa Ana building pennits. *P7, Owner and Address: Ronald Love 2028 North Victoria Drive Santa Ana, CA 92706 ! *P8, Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9, Date Recorded: April 2, 2003 *P10. Survey Type: Intensive SuNey *P11, Report Citation, (Cite survey report and other sources, or enter "none") None. *Attachments: DNone DLocation Map DSketch Map 8Continuation Sheet 8Buildin9, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMiliing Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 2~Jt~f6 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# . BUILDING, STRUCTURE, AND OBJECT RECORD Page -1- of...1.... 'NRHP Status Code 3S 'Resource Name or #: George House 61. Historic Name: George House 62, Common Name: Same 63. Original Use: Single-family Residence 64. Present Use, Single-family Residence '65, Architectural Style: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) '66. Construction History: (Construction date, alterations, and date of alterations), June 5, 1929. Residence and garage. Owner, W. Roy George. $19,000. April 28, 1933. Rebuild brick chimney. March8,1999. Partialre-roof Install new felt paper and reapply original tile. April 18, 2002. Swimming pool/spa. '87, Moved? .No DYes '88, Related Features, DUnknown Date: Original Location: Mature trees in front yard and rear garage. 69a. Architect: Unknown b. 6uilder: Unknown '81O, Significance: Theme Residentia/ Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) . The George House is architecturally distinguished as a remarl<ably intact and graceful example of the Italian Renaissance Revival style favored for larger homes during the 1920s. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. It was built in 1928 for W. Roy George at the considerable cost of $19,000. From 1929 until his death in 1972, W. Roy George and his wife Helen resided in the house. According to his obituary, George was a partner in the Federal Finance Company for 40 years as well as an attomey and a former city planning commissioner. George was also active in the community, having served as president of the Downtown Kiwanis Club and the Santa Ana Club. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) '612, References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Sketch Map (See Continuation Sheet 3 of 3.) -, Î ORIW: (This space reserved for official comments.) c::; " (-;-;;-', '-./ 613. Remarks: '814, Evaluator: Leslie J. Heumann 'Date of Evaluation: April 2, 2003 . DPR 5238 (1/95) Äge30f4 25 -7 'Required information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Trinomial Resource Name or # (Assigned by recorder) George House "Date April 2, 2003 Œl Continuation 0 Update Primary # HRI# Page ..L of..L 'Recorded by Leslie J. Heumann, SAIC "81O, Significance (continued): The George House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Oranae Countv Reaister September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oranae Countv Reaister September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during Worid War /I, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quae grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued #s development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The George House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Italian Renaissance Revival style. The rectan9ular, nearly symmetrical massing beneath a hipped roo~ the generous use of quoining for emphasis, the incorporation of arches into the design, and the balustraded terrace are notable in this regard. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with a prominent member of the Santa Ana community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Italian Renaissance Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the George House are considered character defining and should be preserved. These features include, but may not be limited to: materials and finishes (stucco, tile, wrought iron); roof configuration and treatment; massing and composition; entry; doors and windows; terrace; porte cochere; architectural detailing (quoins, wrought iron grille work); garage, and mature trees. "812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knop~ 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Oranae Countv Reaister September 15,1981. "History of Floral Park." httpJ/www.fIoral-park.corn/page2.html Talbert, Thomas (editor-in-<Jhief). Historical Volume and Reference Works Includina Bioaraohical Sketches of Leadina Citizens Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. Historv of Oranae Countv. Los Angeles: History Record Company, 1921. Orange County Directories, 1928-1952. 'W. Roy George, Ex-SA Planner, Dies at 83." (Clipping in Santa Ana History Room Pamphlet file dated February 27, 1972.) Page 4 014 CPR 523L 25A-8 . . . MIlLS ACT AGREEMENT 2028 Norlh Victoria Drive Santa Ana, CA 92706 RECORDING 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 §61O3 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this April 19, 2004 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 refeITed to as "City"), and the Love Revocable Trust, Ron Love and Dianne E. Davis, Trustees, (hereinafter refeITed to as "Owner"), owner of reaJ property located at 2028 North Victoria Drive, Santa Ana, California, 92706 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 historicaJ 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 2028 North Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter refen-ed to as the "Historic Property", C, The Historic Property is officiaJly designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana MunicipaJ Code, D, The City and the Property 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 vaJue as a cultural and historicaJ resource for the Owner and for the community; to prevent inappropriate aJterations to the Historic Property and to ensure that repairs, additions, new EXHIBIT 2 -1- 25A-9 MILLS ACT AGREEMENT 2028 North VictorÍß Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E, The Owner and the City intend to carry out the purposes of California Government Code, Chapter I, 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 April 19, 2004, and shall remain in effect for a tenn of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tenn 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 tenn 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 tenn 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 tenn 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 tenn of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A-10 . . . MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 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, 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. Owner 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 Owner shall not pe 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, e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3- 25A-11 MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 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 detennines that the Owner has 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 detennines that the Owner has 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 Y2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as detennined 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 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 detennines 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, the City may specifically enforce, or enjoin the breach of, the tenns of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner 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 Owner), 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 Owner growing out of the tenns of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b, The City does not waive any claim of default by the Owner 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 -4- 25A-12 . . . MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 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, 7, Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2028 North Victoria Drive, Assessor Parcel Number, 002-111-16, 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 Owner 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 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, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation, Owner 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 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 Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Love Revocable Trust Ron Love and Dianne E. Davis, Trustees 2028 North Victoria Drive Santa Ana, CA 92706 -5 - 25A-13 MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 10, General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise, b, The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, 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 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, -6- 25A-14 . . . MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shaH cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shaH provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14, Effective Date This Agreement shaH be effective on the day and year first written above. 15, Signatures, ATTEST: CITY OF SANTA ANA PATRICIAE. HEALY Clerk of the Council DAVID N. REAM City Manager Trustees of the Love Revocable Trust Date: -..sl c¡ t '() l~. Date: ;TJ ~ '( '-. B¥' .- By: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: ;t:l £ ~.. KyleeO.,Dtto Deputy'-éity Attorney - 7- 25A-15 State of California County of Orange } SS. On J.frJR, (l¡âCCL{ before me, Rosa S. Barela. Notary Public Name and Title of Officer (e.g" "Jane Doe, Notary Publíc") Date personally appeared {{ìn{~v¿ a./f'!c187al1.f!i!.o <, c9tcV/Ö N""",},fS'""",} - - - - - - - - - ~ ROSA S, BARELA Com.'T1lssion#1303103 Notary ?ublic. C.rlfomia ~ O,f,angeCounty f MyCom", ExpiresMay30,2005 - - .. - - - - - personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) --ffii'~ subscribed to the within instrument and acknowledged to me that hefshel'i:h~ executed the same in hislher/their authorized capacity(ies), and that by -¡Üs,¿h@t~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D GJ WITNESS my hand and official seal. CUVnL/ d. ~17./vJvf S'goá"",fN".,,P,b¡;, t PI",N"..,S"IAoo" State of California County of Orange }SS. On before me, Date Name and Title of Officec (e,g" "Jane Doe, Notary Publíc") personally appeared Nom",},fS'""",} personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislheritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D D WITNESS my hand and official seal. Sigo",",fN"."P,bI', PI",N",~S,,'Aoo" 25A-16 . . . MILLS ACT AGREEMENT 2028 North Victo1'Ìll Drive Santa Ana, CA 92706 Exhibit A Parcell: All that certain parcel of land situated, lying and being in the City of Santa Ana, County of Orange, State of California, bounded and particularly described as follows towit: The south 100 feet of the east 210 feet of the south 4 acres of the following: Beginning at the northwest corner of land conveyed by O.H. Borden to James M Layman, by deed dated April 25, 1874 and recorded in Book 29, Page 300 of Deeds, Records of Los Angeles County, California, and running thence west 46 rods, thence south 69-16/23 rpds. thence east 46 rods, thence north 69-16/23 rods to the place of beginning, Parcel 2: All that real property situated in the City of Santa Ana, County of Orange, State of California, described as follows: The north 7 feet of the south 107 feet of the east 210 feet of the south 4 acres of the following: Beginning at the northwest corner of land conveyed by O.H, Borden to J.W, Layman by deed dated April 25, 1874 and recorded in Book 29, Page 300 of Deeds, Records of Los Angeles County, California, and running thence west 46 rods, thence south 69-16/23 rods, thence east 46 rods, and thence north 69-16/23 rods to the place of beginning. Assessor Parcel No. 002-111-16 - 8- 25A-17 MILLS ACT AGREEMENT 2028 Norlh Vwtoria Drive SanJa Ana, CA 92706 Exhibit B Exterior work shan be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabili1ation 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 originany intended purpose, 2, The distinguishing original qualities or character of a building, structure or site and its environment shan 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 shan 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 -9- 25A-18 . 10, . . MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 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 fonn and integrity of the structure would be unimpaired, -10- 25A-19 Exhibit C (photographs attached) MILLS ACT AGREEMENT 2028 North Victoria Drive Santll Ana, CA 92706 0 Front (east) elevation (note projecting entrance bay that is also delineated by quoins) - 11- 25A-20 MILLS ACT AGREEMENT 2028 North Victorill Drive Santa Ana, CA 92706 . . . - 12- 25A-21 MILLS ACT AGREEMENT 2028 Not1h Victoria Drive Santa Ana, CA 92706 C) Front of the porte cochere (note wrought iron gate) - 13- 25A-22 MILLS ACT AGREEMENT 2028 North Vietoria Drive Santa Ana, CA 92706 . ~ """"'~ . . -14- 25A-23 MILLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 ? -15 - 25A-24 . MIlLS ACT AGREEMENT 2028 North Victoria Drive Santa Ana, CA 92706 . . - 16- 25A-25 c.. .« :æ z 0 - I- « '0 0 ..J 0 I- 0 :J: c.. W > - a: c « - a: 0 I- 0 - > . z co N 0 N J 1 ~ . 0 c;¡ 1- . - . - . - . - . - . - . - . - . - . T . . ~I a:. °1 « a: I. 0 0 r--: I- ;? (). >1 I 1-. gsl z. e ~ ~ > ã: 0 w C) <C D: <C C) ._._._._._._._._._.~ ~:I: ~ 0 z 25A-26