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HomeMy WebLinkAbout25C - 2448 N RIVERSIDEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-04 FOR THE PROPERTY LOCATED AT 2448 NORTH RIVERSIDE DRIVE cL ~~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven E. Nickols for the structure located at 2448 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven E. Nickols for the structure located at 2448 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its April 3, 2008 meeting by a vote of 7:0 (O'Callaghan abstained, Seeley absent) . DISCUSSION After the public hearing on April 3, 2008, 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. 2008-04 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $115.19 to $575.97 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay r4! Trevino Francisco Gutierrez Executive Director Executive Director ~ Planning & Building Agency Finance & Management Services Agency/,~.~ HS:rb -1' hs\historic info\mills act agreements\2448_N_Riverside\hppa08-04.cc 25C-2 REQUEST FOR Historic Resources Commission Action Hsra~c oon~ssioN ~c cATr=: APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-04 FOR THE PROPERTY LOCATED AT 2448 NORTH RIVERSIDE DRIVE HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION F-~lrl Plannin anager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven E. Nickols for the structure located at 2448 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Steven E. Nickols, Property Preservation Agreement No. property owner and the City of Santa Property Description requests the approval of Historic 2008-04 (Mills Act) between the Ana. The subject property includes a one and a half story Tudor Revival residence and a detached, two-car garage located at 2448 North Riverside Drive (Exhibit 1) The property is within the Floral Park 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 eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment 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 25C-3 HPPA No. 2008-04 April 3, 2008 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 Contributive in December 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally S oleske Associate Planner y-- Sergio Kl t AICP Principal Tanner HS j m hs\historic info\mills act agreements\2448_N_Riverside/hppa08-04.hrc 25C-4 HPPA-2008-04 2448 North Riverside Drive PLANNING AND BUILDING AGENCY 2~`~`~" EXECUTIVE SUMMARY CAIN HOUSE 2448 North Riverside Drive Santa Ana, CA 92706 NAME Cain House REF. NO. ADDRESS 2448 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19`" century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Cain House is eligible for listing in the California Register of Historical Resources. The Cain House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style "is a good example of period architecture" (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.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. 2s 1~2 ~f State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listing; Review Code Primary #. HRI # Trinomial NRHP Status Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Cain House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0053 Date: 'c. Address 2448 North Riverside Drive City Santa Ana Zip 92706 "e. Other Locational Data: Assessor's Parcel Number 002-064-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story residence features the characteristics typical of the Tudor Revival style. Clad in textured stucco, the house is capped by a steeply pitched, side-gabled roof, terminating in open, shallow, overhanging eaves and exposed rafter tails. The side gable is intersected by three front gables of varying heights, each accented with decorative half timbering and topping a projecting bay or wing. Rectangular vents with pointed heads are centered in the upper gable faces. Thin bargeboards emphasize the steep pitch. Centered in the west projection, a deeply recessed, arched picture window features a scored plaster surround that simulates masonry blocks. The gable rake extends on the west side fo enclose a wing wall pierced by a round-headed archway. Set back slightly, a lower gable east of the projecting wing marks the entry porch, which shelters a wood door accented with iron hardware. The door faces east while anine-light window faces the street. Two slightly arched openings are correspondingly oriented towards the east and the street. A tripartite window, consisting of a fixed pane window with three-light transom, flanked by two rectangular casement windows with a similar configuration, overlooks a small patio east of the entry. An arched picture window, set nearly flush with the wall, is centered on the fagade of the projecting east wing. One-over-one, double-hung sash windows with wood frames provide fenestration on the side elevations. A stucco- clad chimney with corbelled brick cap and flared base is attached to the west elevation. A secondary entry, accessed via a squared arch opening, is located on the east elevation. Southeast of the house, gone-story garage has been altered by the installation of anon-original garage door. Other modifications include ongoing renovations to the house, such as a new but compatible shingled roof and detailing of the half-timbering. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) North elevation November 8, 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Steven E. Nickols 2448 N. Riversdie Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: November 8, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 25~a e~f 5 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 Rva~u~av i~amv or *: ~.a~n House B1. Historic Name: Cain House 62. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 August 25, 1930. Residence and garage constructed for $4,000. April 13, 1933. Rebuild brick chimney. September 6, 1944. 6' by 8' addition to residence (bathroom), $500. August 3, 1988. Reroof. September 12, 1997. Reroof garage, $1,975. June 19, 2007. Reroof residence, $6,100. *B7. Moved? ^No f]Yes DUnknown Date: *B8. Related Features: None. Original Location: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 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 Cain House is architecturally signitrcant as arepresentative example of the Tudor Revival style. According to the original building permit, dated August 25, 1930, the residence and garage were constructed at a cost of $4,000. The original owner of the property when it first appears in tax assessor rolls in 1931 was Della Cain. By 1932, Cain had sold the property fo Harry D. Mcllvain, who occupied the home with Clifford Mcllvain, until 1938. From 1939 through the early 1940s, the residence was occupied by Jacob Coffman, manager of Sears Roebuck & Company, and his wife Edna. By 1947, occupancy had shifted again when Arnold P. Norton and his wife Helen resided in the home. Born in 1905, Norton attended Santa Ana High School and the University of California, Berkeley. After graduating, Norton worked in the lumber trade until retiring in 1970. He also served as the vice president of the Orange County Library in the early 1950s. In subsequent decades, residency of the house changed several times. (See Continuation Sheet 3 of 4.) 611. 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 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) Sketch Map ~ - °t~,\t ~ 2448 N. Riverside Drive ,: ~.,~ ~ , 002-064-09 ;~ o ~ ~ o~, o ~~~ CU ,y ~~+ .y O n a .~ ~ 6 OA O ~ ~ ~ o °. c u ~~ a 0 0 G ~ 4 O ~ s------~'- a s ---- w ~~\\ E l0/ i\ *Date of Evaluation: November 8, 2007 DPR 5238 (1/95) ~~~f 5Q "Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Cain House rcecoraea Dy uesue u. rieumann and Deborah Howell-Ardila *Date November 8, 2007 ~ Continuation ^ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Cain House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Nom~an, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Flora) Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2006), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cain House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that: `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "~ Under the regulations implementing the California Register of Historical Resources, the Cain House, which is a contributor to the National Register district is eligible for listing in the California Register. The Cain House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style illustrated by the house include its stucco cladding accented by decorative half-timbering; vertical emphasis keynoted by multiple, steeply pitched gables; asymmetrical arrangement of fagade elements; and use of arches of various shapes. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Tudor Revival style °is a good example of period architecture." Character-defining exterior features of the Cain House that should be preserved include, but may not be limited fo, materials and finishes (stucco and wood); roof configuration and detailing; original windows and doors where extant; wing wall with round-headed opening; attached chimney with flared base and corbelled brick cap; and architectural details such as the simulated stone window surround and the decorative half-timbering. ' Determination of Eligibility, February 25, 1980. DPR 523E A ~ ~.~,5~ State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cain House °rcecoraea py Lesne J. Neumann and Deborah Howell-Ardila *Date November 8, 2007 f~ Continuation ^ Update *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. 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. Orange County Tax Assessor Records, Book 397, vol. 1, 1929 - 1932, Tract 813, p. 63; Book 390, vol. 1, 1925 - 1928, Tract 813, p. 139. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84."The Santa Ana Journal. September 21, 1981. `A.P. Phil' Norton." Santa Ana Register. January 28, 1986. `Builder of Honer Plaza Dies, "Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1928-1962. DPR523L ~~~_~ O MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 5, 2008 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 Steven E. Nickols, (hereinafter referred to as "Owner"), owner of real property located at 2448 North Riverside. Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified 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 2448 North Riverside Drive, Santa Ana, CA, 92706 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. E~~~ 1 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 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 May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 25C-12 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not 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 ofcharacter-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-13 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it 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 %2) 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 maybe 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 maybe 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-14 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2448 North Riverside Drive, Assessor Parcel Number, 002-064-09, 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: Steven E. Nickols 2448 North Riverside Drive Santa Ana, CA 92706 -5- 25C-15 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 25C-16 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Steven E. Nickols APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25C-17 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 14 of Tract No. 754, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, page 37 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-064-09 -s- 25C-18 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 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-19 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 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. - io - 25C-20 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92.706 Exhibit C (photographs attached) - 11 - 25C-21 .. ~• ~ ~ ~ V r~ront elevation - - ,~~ MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 -12- 25C-22 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 -13- 25C-23 a a z 0 a 0 J I- a. W W OC W OC I- OC O z 00 N w 0 w o >' ~ ~ 0 ^ M F 0 Z 25C'~4 W >- O o