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HomeMy WebLinkAbout25C - 506 S. BIRCH ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-14 FOR THE PROPERTY LOCATED AT 506 SOUTH BIRCH STREET APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For / I ) Lcct'i ) ,f'd. 'r{MANAGER CONTINUED TO A ----- 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 Miguel A. Mejia for the structure located at 506 South Birch Street. 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 Miguel A. Mej ia for the structure located at 506 South Birch Street at its December I, 2005 meeting by a vote of 6:0 (Bustamante, Seeley and Sarmiento absent) . DISCUSSION After the public hearing on December I, 2005, 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. 25C-1 HPP Agreement No. 2005-14 December 19, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $84.93 to $424.66 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja~inO Executive Director Planning & Building Agency '1 \1 ~ ---.. -;;N)~~: \.. \:::.I' L) ~ Francisco Gutierrez Executive Director Finance & Management Services Agency/~, HS:rb hs\historic info\mills act agreements\hppa05-14-506_S_Birch.cc 25C-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMISSION MEETN3 DATE: DECEMBER 1, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-14 FOR THE PROPERTY LOCATED AT 506 SOUTH BIRCH STREET APPROVED D As Recommended D As Amended D Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~~ ~ec6ttve Director tGuLv'-~?-- -1Jo-u Planning Mager 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 Miguel A. Mej ia for the structure located at 506 South Birch Street. DISCUSSION Request of Applicant The applicant, Miguel A. Mejia, requests Property Preservation Agreement No. 2005-14 applicant and the City of Santa Ana. the approval (Mills Act) of Historic between the Property Description The subject property includes a two-story residence and a detached single-car garage located at 506 South Birch Street, and is within the Heninger 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 el igible 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 to maintain the property in a good state of repair and to rehabilitate the 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 A 25C-3 HPPA No. 2005-14 December 1, 2005 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 Key in May 2002 by the Historic Resources Commission (Exhibi t 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 American Foursquare subset of the Prairie style of architecture 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 reinvestment for the long-term preservation of the property. 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. ~ II HS:JM hs\historic info\mills act agreements\hppaOS-14-S06_S_Birch.hrc 25C-4 EXECUTIVE SUMMARY CRANE HOUSE 506 South Birch Street Santa Ana, CA 92701 NAME ADDRESS CITY Crane House REF. NO. 506 South Birch Street Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1912 HISTORIC DISTRICT N/ A LOCAL REGISTER CATEGORY: Key NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 3 CALIFORNIA REGISTER STATUS CODE 5Sl Location: D Not for Publication [8] Unrestricted D Prehistoric [8] Historic D Both ARCHITECTURAL STYLE: Prairie Style The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the uninterrupted horizontal lines of the American prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A common, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the fa<yade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. SUMMARY/CONCLUSION: The Crane House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of the American Foursquare subtype of the Prairie Style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as a largely intact and characteristic example of the American Foursquare subtype of the Prairie Style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual ro e that is listed or desi ted locall . 2~~51 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Page --.L of L P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *b. USGS 7.5' Quad Tustin TCA 2555 *c. Address 506 South Birch Street *e. Other Locational Data: Assessor's Parcel Number Crane House Date *a. County Orange County Date: City Santa Ana Zip 92701 010-141-11; HENINGERS;!JD ADD BLOCK: H LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The characteristic hipped roof and box-like proportions identify this two-story house as an example of the American Foursquare subtype of the Prairie Style. A dormer with a hipped roof is centered over the fayade, and both the main roof and the dormer roof feature exposed rafters with carved tails in the eaves. The dormer contains two small attic windows that flank a central louver vent. Narrow clapboard sheathes the house, with a plain belt course located between stories. A pent hipped roof, accented by an open front gable, tops the attached porch that spans the fayade. Heavy brick piers at each end, as well as brick pedestals flanking the central entry and stairs, appear to have been rebuilt. Heavy beams, notched to form pointed arches, rest on the porch piers and support the roof. A simple vertical slat railing encloses the porch space. The front door is slightly offset to the north and is pierced by a large, oval window. Large, rectangular, fixed windows are located to either side of the entry. Pairs of one-over-one double-hung sash windows define two bays on the upper story fayade. Side elevations feature additional one-over-one windows, some of which are shaded by pent roof hoods with exposed rafters in the eaves. Other than the replacement of the porch supports, the house appears unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: _Building DStructure DObject DSite o District -Element of District DOther P5b. Photo: (view and date) East and south elevations March 2004 *P6. Date Constructed/Age and Sources: _historic 19121Source: Les, 1979. *P7. Owner and Address: John T. Clawson 506 South Birch Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "100-500 Blocks of South Birch Street." Historic Resources Inventorv. September 1979. Dianne Marsh& the Heninger Park Neighborhood Association. Heninaer Park Neiahborhood Survey. 1986. *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet _Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25C'f6 *Required information State of California - The Resources Agency Primary I DEPARTMENT OF PARKS AND RECREATION HRII BUilDING, STRUCTURE, AND OBJECT RECORD Page -.L of ~ *CHR Status Code 5S1 *Resource Name or I: Crane House 81. Historic Name: Crane House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family Residence *B5. Architectural Style: Prairie Style *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1912. January 6, 1943. Reroof. October 13, 1944. Addition to residence, 6 x 7. October 18, 1949. Reroof residence. June 18, 1990. Demo 1st & ;I'd floor addition, replace drywall, repair porch per Notice and Order (finaled July 26, 1994). *B7. Moved? .No DYes DUnknown Date: *B8. Related Features: Original Location: None. 89a. Architect: Unknown b. 8uilder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Crane House is architecturally significant as a characteristic example of the American Foursquare subtype of the Prairie Style. According to previous research, it was constructed in 1912 and was originally owned by Wiliam and Inez Crane (Les, 1979). Mr. Crane was a traveling salesman. By 1915, James R. and Elva L. Wilcox, both of whom were optometrists with offices at 214 West Fourth Street, were the residents (Santa Ana City Directory, 1915). In the 1920s, the PIa van family, who were ranchers, occupied the home (Marsh, 1986). (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 813. Remarks: Sketch Map . ....I ~ CA_EII (This space reserved for official comments.) HeNlNGER'S @ *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22, 2004 "0~ H ... J :: @~ -'-@ ~l) 11)' CD @ 1i (0 II' HIRD..o. j ~o V Crane House 506 South Birch Street DPR 5238 (1195) *Required information 25C~7 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of ~ Resource Name or # (Assigned by recorder) Crane House *Recorded by Leslie J. Heumann, SAIC *Date March 22, 2004 IRI Continuation 0 Update *810. Significance (continued): The Crane House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as "... the finest residence section of the city, built up with fine homes...," adding, "Mr. [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SO) zoning district intended to preserve its historic character, the second such SO in the City. (French Park was the first.) The Crane House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of the American Foursquare subtype of the Prairie Style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as a largely intact and characteristic example of the American Foursquare subtype of the Prairie Style. The hipped roof, echoed by the central hipped dormer and pent roof of the porch, is a signature feature of this uniquely American building type, and the treatment of the porch beams and rafter tails add an element of originality to the design. If the porch supports were restored appropriately, the Crane House would be eligible for categorization as "Landmark." Character-defining exterior features of the Crane House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (brick, original and restored); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; and architectural details (such as the beams, rafter tails, and belt course). *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclopedia. 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. Knopf, 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. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935. Armor, Samuel. Historv of Oranae County. Los Angeles: History Record Company, 1921. DPR 523L 2S.c48 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 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 ~61 03 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 19, 2005 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 Miguel A. Mejia, (hereinafter referred to as "Owner"), owner of real property located at 506 South Birch Street, Santa Ana, California, 92701 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 506 South Birch 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. 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 value as a cultural and historical resource for the 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. - 1 - E>!5C69 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 E. The Owner 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 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 December 19, 2005, 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 ofnonrenewal, 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 ofnonrenewal. 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 ofthe 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: - 2 - 25C-1 0 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 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 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. 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 - 25C-11 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner 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 determines 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 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion ofthe 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. 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 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 terms 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 - 25C-12 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 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 506 South Birch Street, Assessor Parcel Number, 010-141-11, 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: Miguel A. Mejia 506 South Birch Street Santa Ana, CA 92701 - 5 - 25C-13 MILLS ACT AGREEMENT 506 South Birch 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, 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 prOVlSlons 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 - 25C-14 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. 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 shall provide written notice ofthis 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 shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owner: Date: By: Miguel A. Mejia APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25C-15 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 Exhibit A Parcel One: Lot 4 of Block H of Tract Heninger's Second Addition in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 8, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said Orange County. Assessor Parcel No. 010-141-11 - 8 - 25C-16 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 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 - 9 - 25C-17 MILLS ACT AGREEMENT 506 South Birch 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. - 10- 25C-18 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 - 11 - 25C-19 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 - 12 - 25C-20 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 - 13 - 25C-21 D.. e:( :e z o - l- e:( (.) o ..J o I- o :I: D.. I- W W ~ I- en :I: (.) ~ - CO :I: I- ~ o en CD o It) o C\l CO ..... -----------------.- e e o I g ~ 88 e I ._._._._._._0_._._i ~~ 25C-22 I . I . I . I . I .>- I~ ....J .<( I . I .