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Home My WebLink About25C - HPPA - 917 N LOUISE STREET REQUEST FOR rll COUNCIL ACTION I i" CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 15, 2010 TITLE: APPROVED ? As Recommended HISTORIC PROPERTY PRESERVATION ? As Amended AGREEMENT N0.2010-14 FOR THE ? Ordinance on 1ST Reading PROPERTY LOCATED AT 917 NORTH E] Ordinance on 2 Id Reading El Implementing Resolution LOUISE STREET ? Set Public Hearing For 1 CONTINUED TO / `,~U1? FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street, 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 Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street, subject to non-substantive changes approved by the City Manager and City Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent). DISCUSSION After the public hearing on October 7, 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. 25C-1 HPP Agreement No. 2010-14 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $83.19 to $416.16 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J . Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\917_N_Louise\hppal0-14.cc Exhibit: A. Historic Resources Commission Staff Report 25C-2 REQUEST FOR Historic Resources Commission Action _ FISMRIC RESOURCES COM IIIS N MEETM DATE: HISTORIC RESOURCES COMIIISSIOPI SECRETARY OCTOBER 7, 2010 APPROVED TITLE: ? As Recommended HISTORIC PROPERTY PRESERVATION ? As Amended AGREEMENT NO. 2010-14 FOR THE PROPERTY ? Set Public Hearing For LOCATED AT 917 NORTH LOUISE STREET CONTINUED TO Prepared by Hally Soboleske G~-Q•v~ cutive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Anthony Peter Michalski, requests the approval of Historic Property Preservation Agreement No. 2010-14 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Spanish Colonial Revival styled residence located at 917 North Louise Street and is within the Washington Square 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 for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 2 25C-3 HPPA No. 2010-14 October 7, 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 W.P. Heninger House and categorized as Contributive in August of 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. IV,kl P a M~r-' - oxlwik 0 Ha y S leske Sergi lotz, A P Associa Planner Princ a Plan r HS:jm hs\historic infolmills act agreements\917 N Louise\hppal0-14.hrc I 25C-4 ttas tta. ~t te;rt tau tots tau+ ~ tam a w t+rMNc 500' RADIUS HPPA-2010-14 917 North Louise Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25C-5 25C-6 EXECUTIVE SUMMARY W.P. HENINGER HOUSE 917 North Louise Street Santa Ana, CA 92703 NAME W. P. Heninger House REF. NO. ADDRESS 917 North Louise Street CITY Santa Ana ZIP F92703 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ? Not for Publication ® Unrestricted ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The W.P. Heninger House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house also contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of Washington Square, and, as an intact and representative example of the Spanish Colonial Revival, "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.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page I of 4 25C-7 8 State of California - The Resources Ap ricy Primary DEPARTMENT OF PARKS AM RECREATION HRI PRIMARY RECORD Trinarnal NRHP Status Code. Other Listings Review Code R ndr~ Dab Pape f of 3 Resource name(s) or number (assigned by recorder) W.P. HeningwHouse P1. Other Identifier: "P2. Location: ONot for Publication ¦Unrestricted "a. County Orange County •b. USGS 7.5' Quad TCA0054 Dab: 'c. Address 917 North Louise Street City Santa Ana Zip 92703 'e. Other Locationai Data: Assessors Parcel Number 405-261-31 "P3a. Description: (Describe resource and its major elements. Inciude design, materiale, condition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco ffmsh, and a front facing gable and flat roof. A lad, steep gable, pierced by three day tubes for venting, spans nearly the width of the front of the house. The front facing gable and remaining roofing is topped with none iginal day barrel tile. An arched entry loads the way to the front porch which is surrounded by a slocco ed pony wall that extends from the arched opening to the northernmost setback of the hour. Other than the front facing gable entry, the remainder of the residence is rectangular in design with the right bay extending upwards above the cross gable. This bay is pierced by three round day ventsapproximatety two feet apart in a horizontal line. The front fagade is pierced by four window openings. The window on the front facing gable is wood and trepan to In design with a fixed center window and casement on either side. Other wvmk ws are also wood, and a corrhbinabon of single hung and casement A nondescript garage sits to the rear of the property. The garage has a flat roof with barrel We capping the parapet and a front faring shed roof over the garage door The structure is in excellent condition and appears to be substantially k t d, possible alterations inctude refinishing of the stucco, and the composition shingle on the front faking gable. 'P3b. Resource Attributes: gist attributes and codes) HP2. Single-family Property "134. Resources Present: ¦Building OStructure ?Object ?Site ?District ?Element of District OOther P5a. Photo P5b. Photo: (view and date) East facing elevation January 2010 "P6. Dab Constructed/Age and Sources: ¦historic 193WSource: City of Santa Ana Building Permit "P7. Owner and Address: Anthony Peter Michalski 917 North Louise Sleet Santa Ana, CA 92703 "P8. Recorded by: Hally Soboleske 20 Civic Center Plaza *20 Santa Ana, CA 92702 'P9. Date Recorded: July 1, 2010 Intensive Survey Update "P10. Survey Type: "P11. Report Citation: (Cite survey report and other sources, or enter 'noney None. "Attachments: ONone OLocation Map ?Sketch Map ¦Continuation Sheet ¦Building, Structure, and Object Record OArchaeological Record ?District Record OLinear Feature Record ?Milling Station Record ?Rock Art Record OArtifad Record ?Photograph Record O Other gist) DPR 523A (1196) "Required intimation Page 2 of 4 25C-8 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 *Resource Name or M W.P. Heninger House B1. Historic Name: W.P. Heninger House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930 November 20, 1930. Residence and garage for W. P. Heninger. $3,500. June 3, 1954. 1 fixture for A. E. Confer by Pacific. $100. May 4, 1971. Water heater by Pacific Inst. October 11, 1978. Floor fumace for Flossie Confer. May 14, 1984. Service meter. May 7, 1990. A/C on roof, furnace, absorbption system, gas piping. *B7. Moved? ¦No OYes ?Unknown Date: Original Location: *138. Related Features: 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: X,• CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.P. Heninger House is architecturally significant as a characteristic example of the revival styled homes built along the streets of the Washington Square neighborhood during its most characteristic phase of development. According to City building permit records, the house and garage were built for William P. Heninger of the Heninger family that founded Heninger Park in Santa Ana. William and his wife Cleora originally lived at 1631 West Third Street, and he was employed as a carpenter. While the home was still under construction, they moved to 714 North Ross Street with relatives Mildred and Mary Heninger. The home was built as a speculative venture. The entire household rented the Ross Street house from Cleophus and Anna Sparks, a salesman with Sam Stein's Stationary Store on Fourth Street. The Heningers never moved into this Louise Street residence as the first known residents were Cleophus and Anna Sparks in 1935. By 1936, Van L. and Edna Brown moved into the home while conducting business at 103 West Third Street as Hawks-Brown Real Estate and Insurance Company. Mr. Brown was a 50 year member of the local Masonic Lodge, a Shriner, and Rotary Club member. He was interred at Fairhaven Memorial Paris with Smith and Tuthill Mortuary in charge of the burial. His wife, Edna was a secretary before marriage. Mrs. Edna Brown lived in the residence until 1947 when Mr. M.R. Duncan took occupancy. By 1956, Arthur (Arth) and Flossie Confer owned the home. Arth was a well-loved custodian at Wilson High School. The home changed hands a few times until Mr. Anthony Peter Michaliski took residence in 2009. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) Sketch Map ~ s *B12. References: 917 N. Louise St. ° O City of Santa Ana Building Permits 405-261-31 Santa Ana History Room Collection, Santa Ana Public Library S all Sanbom Maps ( ® O (See Continuation Sheet 3 of 3.) 0 ~ . O * i B13. Remarks: *1314. Evaluator: Hally Soboleske ® G i0' B~ p p (This space reserved for official comments.) • t ®i O' j ( i:OO O 0 *Date of Evaluation: May 25, 2010 DPR 523B (1185) Page 3 of 4 *Required information 25C-9 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) W.P. Heninger House *Recorded by Hally Soboleske *Date May 25, 2010 O Continuation ? 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 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 W P. Heninger House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single- family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War IL During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride, " Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southem California, the development of Washington Square was all but completed. The W. P. Heninger House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. The W. P Heninger House has been categorized as "Contributive" because it "contributes to the overall character and history" of Washington Square, and, as an intact and representative example of the Spanish Colonial Revival Revival and is a good example of period architecture. " Character-defining exterior features of the W. P. Heninger House that should be preserved, include, but may not be limited to: materials and finishes (stucco); roof configuration and arched front porch opening, massing; original windows and doors where extant, and front porch area via pony wall. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedta. 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 Parts 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. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. Santa Ana and Orange County Directories, 1924-1935. Page 4 of 4 DPR 523L 25C-10 MILLS ACT AGREEMENT 917 North Louise Street 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 November 15, 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 Anthony Peter Michalski, (hereinafter referred to as "Owner"), owner of real property located at 917 North Louise Street, 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 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 917 North Louise Street, 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 ofChapter 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. -I- EXHIBIT 3 25C-11 MILLS ACT AGREEMENT 917 North Louise Street 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 November 15, 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- 25C-12 MILLS ACT AGREEMENT 917 North Louise Street 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 of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25C-13 MILLS ACT AGREEMENT 917 North Louise Street 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 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 %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 may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25C-14 MILLS ACT AGREEMENT 917 North Louise Street 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 subject the Historic Property, located at 917 North Louise Street, Assessor Parcel Number, 405-261-31, 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: Anthony Peter Michalski 917 North Louise Street Santa Ana, CA 92706 -5- 25C-15 MILLS ACT AGREEMENT 917 North Louise Street 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' 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- 25C-16 MILLS ACT AGREEMENT 917 North Louise Street 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: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager Owner Date: By: Anthony Peter Michalski APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- 25C-17 MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 Exhibit A LOURIES SUB LOT S 54.8 FT N 104.8 FT W 147.5 FT E 295 FT -EX N.8 FT E 2.5 FT- OF TRACT Assessor's Parcel Number: 405-261-31 -8- 25C-18 MILLS ACT AGREEMENT 917 North Louise Street 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 917 North Louise Street 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. -10- 25C-20 MILLS ACT AGREEMENT 917 North Louise Street Sancta Ana, CA 92786 Exhibit C (photograph attached) 0 Front elevation -11- 25C-21 917 NORTH LOUISE STREET PHOTO LOCATION MAP LOUISE STREET 54.80 I 1 I 1 I ! 1 ! I 147.50 ! ! ! I ! ! 1 ! 1 ! I ! 1 ! 1 NORTH -12- 25C-22