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HomeMy WebLinkAbout25D - HISTORIC PROPERTY-602 S BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-13 FOR THE PROPERTY LOCATED AT 602 SOUTH BROADWAY C KY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1ST Reading ? Ordinance on 2nd 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 Armin Schwegler, property owner, for the structure located at 602 South Broadway 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 Armin Schwegler, property owner, for the structure located at 602 South Broadway subject to non-substantive changes approved by the City Manager and City Attorney at its August 12, 2010 meeting by a vote of 5:0 (Bustamante absent). DISCUSSION After the public hearing on August 12, 2010, 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. 25D -1 HPP Agreement No. 2010-13 September 7, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $124.42 to $622.09 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay M. evino Executive Director Planning & Building Agency HS:rb Whistodc info\mills act agreementsk602_s_Broadway\hppal0-13.cc Francisco utierrez Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25D -2 REQUEST FOR Hisbnric Resources Commission Action , "STORK RlESOURCES CONNISSION NEETM DATE: AUGUST 12, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-13 FOR THE PROPERTY LOCATED AT 602 SOUTH BROADWAY Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRE WY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For CONTINUED TO lG.. Gtr-Q- T Executive Director Planning Man ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Armin Schwegler, property owner, for the structure located at 602 South Broadway subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re-scheduled for a special meeting on August 12, 2010. The applicant, Armin Schwegler, requests the approval of Historic Property Preservation Agreement No. 2010-13 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Craftsman styled residence located at 602 South Broadway and is within the Heninger Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). 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 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. HPPA No. 2010-13 August 12, 2010 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 as the Fipps-Fink House and categorized as Contributive in July 2010 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). 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. .9&4&k? Hally So leske Associate Planner HS:jm hslhistodc info\mills act agreements5602_S_Broadwaylhppa10-13.081210.hrc W 60 soli ee6 tow 610 S11 S >` 616 Ste 17 61;1 ear sao mig ale 018" Si 60 of ale 7a1 6Ja 40 718 to 6i+t 7!6 7?I +? RICHLAND ST >?S aa6 to ? 711 710 1 au tt 7ts 741 7l1 *?S et6 7!S no no 7Ja g Ira ars on 500' RADIUS H PPA-2010-13 602 South Broadway PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY FIPPS-FINK HOUSE 602 South Broadway Santa Ana, CA 92701 NAME Fipps-Fink House REF. NO. ADDRESS 602 South Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1912 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT Heninger Park - NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 7 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ? Not for Publication ® Unrestricted ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/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 form, 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 (McAlester, 453-463). E'T;T_l " • . rcu'PT-- • The Fipps-Fink House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman Bungalow style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" Santa Ana, and, as an intact example of a Craftsman bungalow in the historic Heninger Park neighborhood, "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.) 551: Individual property that is listed or designated locally. EXHIWF 2 Page 1 of 4 Stab of CoNfoanls -The Resources Agency Primary S DEPARTMENT OF PARKS AND RECREATION HRI ? PRIMARY RECORD Trinomial NRHP Status Code Other Ltetings Review Code Reviewer DOW Page 1 of .L Resource name(s) or number (assigned by recorder) fqQps-Fink Mouse P1. Other Identifier. *P2. Location: ?Not for Publication ¦Unrestricted *a. County Orange County, *b. USGS 7.5' Quad TCA2555 Dab: *c. Address 602 South Broadway City Santa Ana Zip 92701 *e. Other Locationai Data: Assessors Parcel Number 010-152-08 *133a. Description: (Describe resource and its major elements. Include design, materials, condition. allendiwe, size, setting, and boundaries.) This single-family residence is a one and a half story, rectangLOr plan, Craftsman beahgralow sheathed in narrow clapboard siding. The low pitched, side-gabled roof is trkwned by bargeboards with notched ends and features exposed rafter tails and carved knee braces in the overhanging eaves_ The eastern faring front fagade irrhndes an attached porch syppoded by Donc cokunxms, and the porch beam is punchmted with a belbcourse with detailed entablature. The cakmw sit directly on the solid porch rail dad in the same narrow depboard. Fenestration on the fagade consists of s pair of tripartite %*;dows MM fixed middle and two single hung windows straddling each, and topped with a transom window with diamond pattemed munbns. The front door is 8-paneled and simple wood. The front facig gable is also punctuated by a h a window with a fixed window in center with casement on either side. All wirndows are wood hummed with wood silts and splayed lintels. The foundation and pant porch step supports feature ant store. Alterations include the porch Booting and stapS that have been covered with slate file, as we# as the inside of the front porch step supports having been covered with stucco. The property has recently been re4 ndscWed in a sinple and appealing fashion. In spite of these changes, the house is substantially intact. *133b. Resource Attributes: (list attributes and codes) HP2. Singie-fen* Property *134. Resources Present: ¦BuildkV ?Structure ClObject 13Slte ODistrid ?Element of District ?Other None. P5b. Photo: (view and date) East eteyafian August 20, 2009 *P6. Date ConstructewAge and Sources: 01historic 1912 *P7. Owner and Address: Armin Sclwmgier 1302 S. Broadway Santa Ana. CA 92701 *P8. Recorded by. HaNy Sobole ke 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Data Recorded: August 20, 2009 *P10. Survey Type: lntansive Survey Update *P11. Report Citation: (Oils survey report and otter sources, or enter `none-) *Attachments: ONone ?Location Map ?Sketch Map ¦Continuafion Sheet SiBuild ing, Structure, and Object Record ?Archaeological Record ?District Record OUnear Feature Record C]Milling Station Record ORodt Art Record ?Artifact Record ?Photograph Record ? Other (list) DPR 523A (11ft) *f>eequked infoenation Page 2 of 4 State of California--The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRi# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 nuaourue name or jF: ripps-rmK mouse B1. Historic Name: Fipps-Fink House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Craftsman Bungalow *86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1912 March22. Alterations. June 18, 1929. Private garage. $100 February8, 1937. Reroof by Fink Bros. $190. January12, 1990. Repair flooring, drywall and cabinets., repipe house, and rewire house. January 16, 1990. Floor furnace and relocate w/h outside. February 1, 1990j. Reroof. June 1, 1990. Released meters. *87. Moved? [3No DYes ¦Unknown Date: Original Location: *88. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1880 to 194613roperty Type: Single-family Residence Applicable Criteria: NR: C; CR. 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Fipps-Fink House is architecturally significant as an intact and representative example of a Craftsman bungalow, built in Heninger Paris, an architecturally significant neighborhood. The first occupants were the Fipps family which included Walter Fipps, a plasterer, and his wife Viola, as well as children Charles, Ruth, Remus, Wilbur, Larue, and Thelma. The children were already grown with Charles being a driver for the Crown State line, and Remus entering the United States Army in 1918. Around that same time, Walter remarried Lydia (it is unknown if Viola died or the marriage dissolved). Walter Fipps died in 1921, and his widow, Lydia passed away in 1940. The residence was sold the same year Walter Fipps passed away. The next residents were James and Laura Alexander. James was the Assistant Postmaster for the growing city. The house then changes owners multiple times until Henry and John Fink purchased the property in 1937. The two brothers shared the home until Henry's death in 1950, and another brother Jacob moved in at that time. They lived in the house at least another 14 years. The Finks had another brother, Harry Fink, who was the Assistant Chief of Police for Santa Ana during this period. In subsequent decades, residency of the house continued to change numerous times. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and *12112. 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: *814. Evaluator: Hally Soboleske (This space reserved for official comments.) v I If? 1 I DPR 523B (1195) :R az a a eo aV. i ? 4 M a r 010-152-08 4 SrCAMW 602 S. Broadway OOOO Y COOc - ( LAN ? I ar o I srarzr = . *Date of Evaluation: August 20, 2009 Page 3 of 4 25D -8 *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Fipps-Fink House "Recorded by Hally Soboleske 'Date August 20, 2009 ® Continuation I7 Update "1310. 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 around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Heninger Park was developed primarily between 1900 and 1930 and is one of the oldest neighborhoods in Santa Ana. Now recognized as a historic area, the neighborhood is significant primarily for its concentration of homes built in the Colonial Revival, Craftsman, and later revival styles. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract upon purchasing 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 HeningerAdditions 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 that "Mr. (Martin) Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The Fipps-Fink House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman Bungalow style. Typical features of this style illustrated by the house include its horizontal lines emphasized by the low pitched, broadly eaved roof, use of wood siding; use of structural elements as the primary source of architectural decoration; one-story height; and the prominence of the porch and its front gable in the design. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" Santa Ana, and, as an intact example of a Craftsman bungalow in the historic Heninger Park neighborhood, "is a good example of period architecture." Character-defining exterior features of the Fipps-Fink House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, and architectural details such as notched bargeboards and corbels. *812. 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 Nadonal 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. Orange County Plat Maps, 1912. Santa Ana and Orange County Directories, 1910-1956. Page 4 of 4 DPR 523L 25D -9 MILLS ACT AGREEMENT 602 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 August 2, 2010 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 Armin Schwegler, (hereinafter referred to as "Owner"), owner of real property located at 602 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 602 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 3 -- 25D -10 MILLS ACT AGREEMENT 602 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 commence on August 2, 2010, 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: -2- MILLS ACT AGREEMENT 602 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 U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25D -12 MILLS ACT AGREEMENT 602 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 if it determines that the Owner have 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 have 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 %) 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 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- 25D -13 MILLS ACT AGREEMENT 602 South 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 subject the Historic Property, located at 602 South Broadway, Assessor Parcel Number, 010-152-08, 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' 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: Armin Schwegler 6 Thompson Court Irvine, CA 92617 -5- MILLS ACT AGREEMENT 602 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 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' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 602 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 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: MARIA D. HUIZAR Clerk of the Council Owner Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Armin Schwegler APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- 25D -16 MILLS ACT AGREEMENT 602 South Broadway Santa Ana, CA 92701 Exhibit A HENINGERS ADD LOT 2 BLK CE 87.33 FT N 76.2 FT Assessor's Parcel Number: 010-152-08 -8- 25D -17 MILLS ACT AGREEMENT 602 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. 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- 25D -18 MILLSACTAGREEMENT 602 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. - to- AfILL SACT AGREEMENT 602 Sowtk Broadway Santa Awn, CA 92701 Exhibit C (photographs attached) -11- 602 SOUTH BROADWAY PHOTO LOCATION MAP BROADWAY 62.5 O ' 86.2 GARAGE NORTH -12- 25D -22