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HomeMy WebLinkAbout25B - ANIMAL LICENSE FEE CITY COUNCIL MEETING DATE: Q ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 1, 2006 APPROVED TITLE: o As Recommended o As Amended o Ordinance Dn 1 ~ Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Healing For RENEW AGREEMENT WITH CIVIC COLLECTIONS, INC. FOR ANIMAL LICENSE FEE COLLECTION P1lOG1U\M k..~ CI MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Civic Collections, Inc. for collection of new and delinquent dog license fees and penalties for an additional one-year term in an amount not to exceed $100,000. DISCUSSION In April 2001, Civic Collections, Inc. (CCI) was reinstated as the City's collection agency for delinquent dog license fees, penalties, and new dog license fees. Under the terms of the agreement, CCI is compensated in the amount of fifty percent for each dog license fee collected, fifty cents for each new dog license sold, and fifty cents for each rabies vaccination certificate issued. CCI is projected to generate $120,000 for the City during the fiscal year based on current estimates. Staff recommends the renewal of this agreement as CCI has performed satisfactorily during the previous agreement period. FISCAL IMPACT Approval of the recommended action will enhance the Dog License revenue account (account no. 011-01-5951-100) as funds are received. APPROVED AS TO FUNDS AND ACCOUNTS: ~JL lcW~ Paul M. Walters Chief of Police Police Department ~N).roC'\'"o;:) ~A.-: , Francisco Gutierrez ~ Executive Director ~ ~ Finance & Mgmt. Services Agency 258-1 258-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 1, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-16 FOR THE PROPERTY LOCATED AT 711 SOUTH BROADWAY APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For l flil2tf CONTINUED TO 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 Bernabe Aguilar Saldivar for the structure located at 711 South Broadway. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Man?lger and the Clerk of the Council to execute an agreement with Bernabe Aguilar Saldivar for the structure located at 711 South Broadway at its April 6, 2006 meeting by a vote of 6:0 (Bustamante, Corpin and Seeley absent) , DISCUSSION After the public hearing on April 6, 2006, 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 HPP Agreement No. 2005-16 May 1, 2006 Page 2 F:ISCAL :IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $120.05 to $600.25 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ':\~\'\\\"\~.~~ Francisco Gutierrez Executive Director Finance & Management service~genc~~ M. Trevino utive Director Planning & Building Agency HS:rb hs\historic info\mills act agreements\hppaOS-16-711_S_Boardway.cc 25A-2 REQUEST FOR Historic Resources Commission Action ~ ~.r~on~ HSTORIC RESOURCES COMMISSION SECRETARY HSTORICRESOURCESc:or.MSSIOlJ MEETJIlG DAlE: APRIL 6, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-16 FOR THE PROPERTY LOCATED AT 711 SOUTH BROADWAY APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~fiExecutive Director RECOMMENDED ACTION ~~~ Planning Manag 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 Bernabe Aguilar Saldivar for the structure located at 711 South Broadway. DISCUSSION Request of Applicant The applicant, Bernabe Aguilar Saldivar, requests the approval of Historic Property Preservation Agreement No. 2005-16 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached single-car garage located at 711 South Broadway, and is within the Heninger Park neighborhood. Surrounding land uses are single family residential with multi-family to the west, 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 for 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 25A-3 HPPA No. 2005-16 April 6, 2006 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 subj ect property was placed on the local register and categorized as Landmark in February 2004 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 Craftsman 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 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. ~ Assistant Planner II HS:jm hs\historic info\millsact agreements\hppaOS-16-711_S_Boardway.hrc 25A-4 EXECUTIVE SUMMARY HARDING HOUSE 711 South Broadway Santa Ana, CA 92701 NAME Harding House I REF. NO. ADDRESS 711 South Broadway CITY Santa Ana ZIP 192701 1 ORANGE COUNTY YEAR BUILT ,Circa 1908 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I N/A NEIGHBORHOOD 1 Heninger Park CALIFORNIA REGISTER CRITERIA FOR EV ALVA nON 13 CALIFORNIA REGISTER STATUS CODE 13S Location: 0 Not for Publication ~ Uurestricted o Prehistoric ~ Historic o Both ARCIDTECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of fonn, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Harding House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, for its reflection of the distinguishing characteristics of the early Craftsman style. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as a highly intact and picturesquely detailed example of the early Craftsman style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Re2ister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How tu 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 cOnstructiDn, or represents the wDrk of a master, or possesses high artistic values. CalifDrnia Register Status Code: (From California Office of Historic Preservation, December 8, 2003,) 3S: A ars eli ible for the National Re . ter as an individual r throu surve evaluation. tS~~! 1 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Page....L of ..lL P1. Other Identifier: 'P2. Location: DNot for Publication .Unrestricted 'a, County Orange County 'b. USGS 7.5' Quad TCA 2555 Date: 'c. Address 711 South Broadway City Santa Ana Zip 92701 'e, Other Locational Data: AssessDr's Parcel Number: 010-213-03; SOUTH SIDE ADD BLK 8 LOT 6 Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Date Harding House *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story residence is a highly picturesque example of lhe early Craltsman style. Capped by a fairly steeply pitched, side-gabled roof, the building is sheathed with narrow clapboard. A pair of shingled, front-gabled dormers, each containing a single, double-hung window with diamond-paned upper sashes, are linked by a third window with an art glass upper sash that is topped by a shed roof. Roof detailing includes ornately carved braces and bargeboards, with ralters exposed in the eaves. Spanning the fayade, the front porch is tucked under the roof overhang. Unusual porch supports, consisting of two tiers of tapered columns, sit on a solid porch railing. The columns support cornices, above which flattened arches define each of the porch bays. The fenestration is symmetrical on the fayade, with tripartite windows, each with a diamond-paned, leaded glass transom, flanking the central entry. An identical window grouping is localed on the north elevation. Window surrounds echo the classical detailing of the porch cornices. Two 'bump-outs" on the south elevation are topped by pent roofs. The only visible alterations to the house include the replacement of the front of the porch foundation, originally art stone like the sides, and the front stairs with red brick and the substitution of a paneled wood door for the original, which probably had a rectangular or oval window in its upper half. A front-gabled garage and a carport southeast of the house are not original. 'P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property 'P4. Resources Present: .Building DStructure DObject DSlte DDistrict .Element Df District DOther PSb, Photo: (view and date) South and west elevations February 2004 'P6. Date Constructed/Age and Sources: .historic Circa 190B/Source: Marsh, 19B6. 'P7. Owner and Address: Derek SCDtt 711 SDuth Broadway Santa Ana, CA92701 'P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 'pg, Date Recorded: February 1 B, 2004 'P10, Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Dianne Marsh& the Heninger Park Neighborhood Association. Heninoer Park Neiohborhood Survey. 19B6. 'Attachments: DNDne DLocation Map DSketch Map .Contlnuation Sheet .Buildlng, Structure, and Object Record DArchaeolDgical Record DDistrict Record DUnear Feature Record DMllling Station Record DRock Art Record DArtifact Record DPhotograph Record D Other (liS25ArS State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRII BUILDING, STRUCTURE, AND OBJECT RECORD Page....L of ...lL 'CHR Status Code 3S 'Resource Name or #: Harding House B1. Historic Name: Harding House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence '85. Architectural Style: Bungalow/Craftsman *86. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1908. August 21, 1929. Private garage. Octooor 4, 1929. Reroof. July 14, 1931. Addition. January 14, 1942. Reroof. (See Continuation Sheet 3 of 3.) *87. Moved? lJNo lJYes _Unknown Date: Pre-1929 Original Location: Unknown *88. Related Features: None. Bga. Architect: Unknown b. Builder: Unknown *810. 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 Harding House is architecturally significant as a finely detailed example of the early Craftsman style. No records of its construction have been found, and its estimated date of construction, circa 1908, is based on its use of decorative detailing associated with the early 1900s. According to previous research, the house may have been moved to this location, perhaps in 1929, when Reverend U. Earl Ray Harding built a garage on the property. The Pastor of the Church of the Nazarene (located at the corner of Fifth and Parton Streets), Harding occupied the house with his wife, Rosa. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: Sketch Map Harding House 711 South Broadway *814. Evaluator: Leslie J. Heumann *Date of Evaluation: February 18, 2004 (This space reserved for official comments.) . ,.' @ .. .' ,. (0 5 ... , ... 8@ I CD , , @ @ @ 12 " DPR 5238 (1/95) 'Required infonnatlon 25A'47 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page 3- of3- 'Recorded by Leslie J. Heumann, SAIC Trinomial Resource Name or # (Assigned by recorder) .Date February 18, 2004 Harding House lEI Continuation o Update .B6, Construction History (continued): January 16, 1951. Reroof. May 20, 1952. Enlarge bathroom in residence. January 29, 1957. Outside stairway. .B10, Significance (continued): The Harding 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 Walnul. 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 the campus of 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 Harding House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its reflection of the distinguishing characteristics of the early Craftsman style. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as a highly intact and picturesquely detailed example of the early Craftsman style. The carved wood work, extensive use of leaded and stained glass, and unusual porch treatment are significant in this regard. All original and restored exterior features of the Harding House are considered character-defining and should be preserved, including, but not limited to: sheathing (clapboard, shingles) and materials (art stone); roof configuration and detailing; massing; original windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, braces, porch supports, and arched porch beams). .B12. 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. 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 Countv. Los Angeles: History Record Company, 1921. DPR 523L 25A'48 MILLS ACT AGREEMENT 711 South Broadway 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 ~6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement'') is made and entered into this May 1, 2006 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 Bernabe Aguilar Saldivar, (hereinafter referred to as "Owner"), owner of real property located at 711 South Broadway, 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 711 South Broadway, 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- EXHIBIT 2 25A-9 MILLS ACT AGREEMENT 7 II South Broadway 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 cornmence on March 20, 2006, 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 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 ofthe 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: 25A-10 MILLS ACT AGREEMENT 711 South Broadway 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 D,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 umepaired 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. 25A-11 MILLS ACT AGREEMENT 711 South Broadway 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 ifit 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 of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 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 cornmenced 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 25A-12 MILLS ACT AGREEMENT 7]] Soulh Broadway 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 711 South Broadway, Assessor Parcel Number, 010-213-03, 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: Bernabe Aguilar Saldivar 711 South Broadway Santa Ana, CA 92701 - 5- 25A-13 MILLS ACT AGREEMENT 711 South Broadway 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 Dr 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 Dr 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 711 South Broadway 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 ofthe 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 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 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: Bernabe Aguilar Saldivar APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7 - 25A-15 MILLS ACT AGREEMENT 711 South Broadway Santa Ana, CA 92701 Exhibit A Lot 6 of Block 8 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 3, Page 44 of Miscellaneous Maps in the Office of the County Recorder of said OrangeCounty. Assessor Parcel No. 010-213-03 - 8- 25A-16 MILLS ACT AGREEMENT 7Il South Broadway 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- 25A-17 I MILLS ACT AGREEMENT 711 South Broadway 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 - 25A-18 MILLS ACT AGREEMENT 711 South Broadway SOlita Alia, CA 92701 Exhibit C (photographs attached) - 11- 25A-19 - MILLS ACT AGREEMENT 7 II South Broadway Santa Ana, CA 92701 . Southeast elevation with porch and rafter tail detail -12 - 25A-20 - MILLS ACT AGREEMENT 7 II South Broadway Santa Ana, CA 92701 o Side (north) elevation showing window detail - \3- 25A-21 -- a.. <( :E z 0 - ~ 0 0 0 I ..J 0 0 ~ e I I- 0 0 $ I 0 :I: <( g8 0 a.. 0 I ~ ~ 0 CO I ~ 0 I C e 0 <( I 0 0 0= a3 :I: I- ::) 0 en or- or- ""'" ~t li2 0 z 25A-22