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Home My WebLink About25F - HPPA NO 2006-07 CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-07 FOR THE PROPERTY LOCATED AT 902 SOUTH CYPRESS APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For J. cr //) ~... U~t422_ - CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Mark S. Rivera and Julie D. Rivera for the structure located at 902 South Cypress Avenue. 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 Mark S. and Julie D. Rivera for the structure located at 902 South Cypress Avenue at its November 2, 2006 meeting by a vote of 7:0 (Chinn and Seeley absent) . DISCUSSION After the public hearing on November 2, 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. 25F-1 HPP Agreement No. 2006-07 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $88.43 to $442.16 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~.~ ltJ'lYrancisco Gutierrez (V Executive Director Finance & Management Services Agency~ - Jay M. Trevino Exe ve Director Planning & Building Agency HS:rb hs\historic info\mills act agreements\902_S_Cypress\hppa06-07.cc 25F-2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMSSION I\EEllNG DATE: NOVEMBER 2, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-07 FOR THE PROPERTY LOCATED AT 902 SOUTH CYPRESS APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske J E~~cut;ve Director RECOMMENDED ACTION 'iMiNe \-W1'ii. Plannin Manager 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 Mark S. and Julie D. Rivera, property owners, for the structure located at 902 South Cypress Avenue. DISCUSSION Request of Applicants The applicants, Mark S. and Julie D. Rivera, property owners, the approval of Historic Property Preservation Agreement No. (Mills Act) between the property owner and the City of Santa Ana. request 2006-07 Property Description The subject property includes a one-story residence and a detached garage located at 902 South Cypress Avenue. The property is within the Eastside neighborhood and the 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. 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 25F-3 HPPA No. 2006-07 November 2, 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 subject property was placed on the local register and categorized as Key in September 2002 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 Colonial 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 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. QPui~~tJ Ha ly S oleske Associate Planner HS:jm hs\historic info\mills act agreementS\902_S_Cypress\hppa06-07.hrc 25F-4 EXECUTIVE SUMMARY CLOTHIER HOUSE 902-904 South Cypress Avenue Santa Ana, CA 92701 NAME ADDRESS CITY YEAR BUlL T Clothier House REF. NO. 902-904 South Cypress Avenue Santa Ana ZIP 92701 ORANGE COUNTY Circa 1905 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Eastside NATIONAL REGISTER CRITERIA FOR EV ALUA nON C NATIONAL REGISTER STATUS CODE 5S1 Location: D Not for Publication I:8J Unrestricted D Prehistoric I:8J Historic D Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least higWy regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). A "Classic Box" variant ofthe Colonial Revival style was popular circa 1894 to 1910 and was generally characterized by two-story box-like massing, a hipped roof (often with centered dormers), boxed eaves, a full or partial front porch with columnar roof supports, and Colonial Revival detailing. SUMMARY/CONCLUSION: The Clothier House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of the distinguishing characteristics of the Classic Box variant of the Colonial Revival style typical of Santa Ana in the years just after the turn of the twentieth century. Additionally, the house has been categorized as "Key" for its "distinctive architectural style" as an example of the Classic Box variant of the Colonial Revival typical of the first decade of the twentieth century (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. · National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 581: Not eligible for the National Register but of local interest because the resource is eligible for listing under an existing local ordinance. EXHIBIT 1 2SJ;-e5 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 TCA 2555 "c. Address 902-904 South Cypress Avenue "e. Other Locational Data: Assessor's Parcel Number 1 N 70.94 FT Clothier House Date *a. County Orange County Date: City Santa Ana Zip 92701 011-051-29; RECORD SURVEY MC FADDEN & WILSON TR LOT *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Exhibiting the Classic Box variant of the Colonial Revival style, this two-story house is crowned by a hipped and gabled roof with boxed eaves and a plain entablature. Narrow clapboard trimmed with comer boards sheathes the exterior of the structure, which rests on a raised, red brick foundation. Closed gable ends face front (east) and north, and contain square vents. Beneath the front gable, the projecting south half of the faqade features a pair of double-hung sash windows centered on the upper story and a single window on axis in the lower story. Other windows are primarily wood-framed, double-hung sash with molded sills arranged singly or in pairs. Tucked into the space north of the projecting wing, the front porch is defined by a hipped roof supported by Ionic columns that sit atop closed, clapboard-sided railings. Slightly offset from center, the entry consists of a five-panel door into which a window has been set. A second entry, also a five-panel door, is located to the north and appears to be an alteration. Small additions are also visible on the north and south elevations. Despite these changes, and conversion to a triplex in the 1930s, the house retains a high degree of integrity and is in good condition. A one-story, flat-roofed garage to the rear of the house does not contribute to the historic significance of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District -Element of District DOther P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation August 2002 *P6. Date Constructed/Age and Sources: -historic Circa 1915 *P7. Owner and Address: GJG Real Estate Investment LLC 1675 Blue Bird Canyon Drive Laguna Beach, CA 92651 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: September 9, 2002 *P10. Survey Type: Intensive Survey Update *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DUnear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) 25E~ State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of!... Resource Name or # (Assigned by recorder) "Recorded by Planning Department - City and County of San Francisco *Date 00 Continuation 0 Update DPR 523A (1/95) "Required information DPR 523L 25jif~7 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page ~ of ~ *NRHP Status Code 5S1 *Resource Name or #: Clothier House B1. Historic Name: Unknown B2. Common Name: Clothier House B3. Original Use: Single-family Residence B4. Present Use: Multi-family-Residence (Triplex) *85. Architectural Style: Colonial Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1905. March 3, 1920. Screen porch repairs. April 11, 1929. Alterations to garage. Circa 1930. House converted to a triplex July 8, 1938. Glass in side porch. October 31, 1938. Reroof. June 21, 1947. Recreation room. June 7, 1991. Demolish patio cover and storage room. *87. Moved? -No eVes eUnknown Date: *88. Related Features: Original Location: None. B9a. 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: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Clothier House is architecturally significant as a representative example of the Classic Box variant of the Colonial Revival style. Based on the style, it is estimated that the house was constructed circa 1905, although the Santa Ana City Directories prior to 1915 do not list the address. The 1915 directory indicates that Bernal G. Clothier, a carpenter, and his wife Myrtus, were the resident owners. In 1916, William P. Davis and his wife Irene occupied the house, followed in 1918 by schoolteacher and widow Kate Montgomery. (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 @ @ Clothier House 902-904 S. Cypress Avenue Sketch Map (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Leslie J. Heumann . . . . I I R.S. , I-54 .@ I ~ @I ~l.. ~ t" -:. I ,... ,...,' Sit l. I ... <. .... ~C) 1.0 ... .. *Date of Evaluation: September 9, 2002 (This space reserved for official comments.) '> @a '0' 7 . DPR 5238 (1/95) 251if~ "Required information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Trinomial Page ~ of ~ Resource Name or # (Assigned by recorder) "Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date September 9, 2002 Primary # HRI# Clothier House 00 Continuation o Update *810. Significance (continued): Located southeast of downtown Santa Ana, the Eastside neighborhood is bounded by First Street on the north, McFadden A venue on the south, Standard A venue on the east and Main Street on the west. Situated south of the tract purchased by William Spurgeon in 1869 and recorded as original town of Santa Ana in 1870, the neighborhood's beginnings date to the same period. In 1868, Nelson O. Stafford and Columbus Tustin, both from Petaluma, California, purchased 1359 acres of the Rancho Santiago de Santa Ana south of what would become First Street. The following year, the two men split the property, with Mr. Tustin obtaining 703 acres of the eastern portion upon which he founded the town of Tustin in 1870. Stafford's western acreage, thereafter called the Stafford Tract, lay south of First Street, east of Main Street, and north of McFadden Street, the area now known as Eastside. After selling a portion of this property, Nelson Stafford settled on his land in 1873, building a large house for his young wife and their children. Stafford died in 1878, and his widow, Amanda, opened the house to boarders, one of whom was Robert James Blee, formerly of Pennsylvania. In 1880, Blee bought 36 acres of land at the corner of First and Main Streets from Mrs. Stafford, including the Stafford residence. Blee married Amanda Stafford in 1882. Monroe David Halladay was another pioneer who made a significant contribution to the development of the Eastside neighborhood. Halladay came from Michigan to Santa Ana in 1876 for health reasons and purchased 20 acres from Nelson Stafford. Halladay built his first home in 1877 on East First Street, surveying and selling a few lots of his property but never platting it. In 1887, Chestnut, Pine, and Walnut Streets were laid out on his land; then, in 1888, Halladay sold ten acres of the property. On his remaining ten acres he grew raisins, walnuts, and apples. Also in 1888, Halladay built and occupied the magnificent Stick/Eastlake (Late Victorian) house that still stands on the southwest corner of East Chestnut and Halladay Streets. An 1887 map of Santa Ana, drawn a year after Santa Ana's incorporation as a city, documents the early growth of the neighborhood, with house-sized lots lining both sides of Cypress Street and the west side of Orange Avenue between First and Chestnut Streets as well Walnut, Pine, and Chestnut Streets between Maple and Hickory Streets. The remainder of the Eastside area was divided into large parcels owned by Blee, Halladay, his elder brother, banker Daniel Halladay, and others. Maps drawn in 1898 and 1913 reveal thatthe neighborhood had expanded to south, with additional subdivisions along Cypress and Orange platted during this period. As a result of this pattern of development, the northwestern section of the neighborhood was improved with homes in the Victorian era Queen Anne and Eastlake styles. Colonial Revival turn-of-the- century residences and later Craftsman bungalows followed in the southwest portion of the neighborhood. The southeastern section of the neighborhood was the last portion to be subdivided and was initially developed in the 1920s, with the Craftsman, Colonial Revival, Tudor Revival, and Spanish Colonial Revival styles predominating. Post World War II construction consumed the remaining unimproved land. Despite unsympathetic in fill, dating primarily to the last quarter of the twentieth century, and inappropriate alterations, the Eastside neighborhood retains numerous intact examples of residences from the significant period ofits development which occurred between 1873, when Stafford built his house (no longer extant), and 1931, when construction tapered off as a result of the Great Depression. The Clothier House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of the distinguishing characteristics of the Classic Box variant of the Colonial Revival style typical of Santa Ana in the years just after the turn of the twentieth century. Additionally, the house has been categorized as "Key" for its distinctive architectural style quality. Characteristic features of the Classic Box variant include the hipped and gabled roof with boxed eaves, front corner porch, Ionic columns, double-hung sash windows, and clapboard sheathing. Character- defining exterior features of the Clothier House that should be preserved include, but may not be limited to: cladding (clapboard); roof configuration; massing; windows and doors, porch; and architectural detailing such as window surrounds and porch supports. *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. 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 1 995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel, editor. Historv of Oranoe Countv. California. Los Angeles: Historic Record Company, 1911. W. P.A. Research Project #3105, Oranoe Countv California Biooraohies. Santa Ana: Board of Education, 1937. Pioneer Memories of the Santa Ana Vallev. Vol. V: Amanda Jane Harmon. Pioneer 1849-1940. Santa Ana City Directories: 1901, 1905, 1906, 1915, 1916, 1918. DPR 523L 25~~ MILLS ACT AGREEMENT 902 South Cypress Avenue 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 November 20, 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 Mark S. and Julie D. Rivera, (hereinafter referred to as "Owner"), owner of real property located at 902 South Cypress Avenue, 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 902 South Cypress Avenue, 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 - 2.19 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 ofthe 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 November 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 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 of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25F-11 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 oftrus 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 - 25F-12 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 s. 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 )!z) 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 provlSlons 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- 25F-13 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 902 South Cypress Avenue, Assessor Parcel Number, 011-051-29, 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: Mark S. and Julie D. Rivera 22761 Sweet Meadow Mission Viejo, CA 92692 - 5 - 25F-14 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 - 25F-15 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 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 OWNERS Date: By: Mark D. Rivera Date: By: Julie D. Rivera APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25F-16 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 Exhibit A That portion of Lot 5 of McFadden-Wilson Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 21, Page 91 of Miscellaneous Records of Los Angeles County, California, Described as follows: Beginning at the west line of Cypress Avenue, as described in a deed recorded in Book 9, Page 197 of Deeds, at the intersection of said line with the north line of said Lot 5, Thence running west on the north line of said Lot 5, a distance of 107 feet; Thence south, parallel to the west line of said Lot 5, a distance of 125' 11.26"; Thence east, parallel to the west line of Cypress Avenue, 125' 11.26" to the point of beginning. Excepting therefrom the south 55 feet. Assessor's Parcel Number: 011-051-29 - 8 - 25F-17 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 - 25F-18 MILLS ACT AGREEMENT 902 South Cypress Avenue 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 - 25F-19 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 Exhibit C (photographs attached) - 11 - 25F-20 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 1IIII1I/!ih;.".:.::r . . . ....,:~~. . ....., - 12 - 25F-21 D.. <C :E z o - I- <C o o ..J o I- o J: D.. . W ~ en en w 0::: D.. >- o J: I- :) o en N o 0) . I . I-._._._._._._._._.~ ~ · 3: f:::\ I I 8 ~ ~ i . . I I . 8 I . e I . I . I . I . I . I . Q) :J C Q) > <( en en Q) L- a. ~ () _._._._._._._._._.~ -J~ 25F-22