Loading...
HomeMy WebLinkAbout25F - AGMT - HPPA - 321 E EIGHTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2011 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-03 FOR THE PROPERTY LOCATED AT 321 EAST EIGHTH STREET CITY 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 John L. Novak and Michelle D. Light, property owners, for the structure located at 321 East Eighth 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 John L. Novak and Michelle D. Light, property owners, for the structure located at 321 East Eighth Street, subject to non-substantive changes approved by the City Manager and City Attorney at its April 7, 2011 meeting by a vote of 5:0 (Bustamante absent). DISCUSSION After the public hearing on April 7, 2011, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25F-1 HPP Agreement No. 2011-03 May 16, 2011 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $94.32 to $471.59 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja . Trevino Executive Director Planning & Building Agency HS:rb hs\historic info\mills act agreements\321_E_8th\hppaI1-03.cc Francisco Gutierrez Executive Director Finance & Management Services Agency `s Exhibit: A. Historic Resources Commission Staff Report 25F-2 REQUEST FOR Historic Resources Commission Action HSTORIC RESOURCES CONMSSHON NEE TM DATE: APRIL 7, 2011 HISTORIC RESOURCES COWSSION SECRETARY TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-03 FOR THE PROPERTY LOCATED AT 321 EAST EIGHTH STREET Prepared by Hally Soboleske APPROVED ? As Recommended ? As Amended ? Set Public Hearing For CONTINUED TO Executive Director Planning Ma ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John L. Novak and Michelle D. Light, property owners, for the structure located at 321 East Eighth Street subject to non-substantive changes approved by the City Manager and City Attorney. Request of Applicant The applicants, John L. Novak and Michelle D. Light, request the approval of Historic Property Preservation Agreement No. 2011-03 (Mills Act) between the property owner and the City of Santa Ana. Property Location and Site Description The subject property includes an Italianate styled residence located at 321 East Eighth Street and is within the French Park National Register Historic District. Surrounding land uses are all residential (Exhibit 1). The lot is 4,504 square feet, and is developed with a 1,032 square foot home and a single car detached garage. Project Backaround 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. F 25F-3 HPPA No. 2011-03 April 7, 2011 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 pursuant to Government Code Section 502380.1. The subject property was placed on the local register as the Chilton House and categorized as Landmark in 2001 by the Historic Resources Commission (Exhibit 2). Analysis of the Issues 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: 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. Public Notification This subject site is located within the French Park neighborhood. The president of this Neighborhood Association was notified by mail prior to this meeting date although this is not a public hearing item. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. 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. 25F-4 HPPA No. 2011-03 April 7, 2011 Page 3 Conclusion Since the property meets all the requirements for eligibility for a Historic Property Preservation Agreement, and there are no code violations noted at this site, a positive recommendation for a Historic Property Preservation Agreement is given. l a y So leske F -T Associat Planner HS:jm hslhistoric info\mills act agreements\321_E_8th\hppa11-03.hrc 25F-5 25F-6 r s is 2 d 5 9 1 13 11 y 0 W a 7 J?. aZ? ? 0. ,,tz H ? 8TH ST TAD ql t3, T1 !9 7i G?\G Fq t5 ztY' Ow Z,14 710 r T13 3 11' 7U6 6; 5 .+i '09 +05 z.. ? g9 3 C CENTER DR f- 32e7 z t v? 0 zn tS S w rs , m a Lu W ? UNK SANTA ANA BLVD, SANTA ANA BLVD 500' RADIUS ;L a pt? ?Y H PPA-2011-03 321 East Eighth Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25F-7 25F-8 NAME Chilton House REF. NO. 139 ADDRESS 321 East Eighth Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1883 LOCAL REGISTER CATEGORY: Landmark HISTORIC DCSTRICT French Park NEIGHBOR140 OD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION B, C NATIONAL REGISTER STATUS CODE ID Location: ? Not for Publication USGS 7.5" Quad Date ® Unrestricted T R V4 of V4 of Sec B.M. ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Italianate (Late Victorian) DESCRIPTION/BACKGROUND REUATUD TO PERIOD ARCHITECTURE: The Italianate (Late Victorian) style is chiefly identified by its window treatment: tall, relatively narrow, double-hung sash, with flat, arched, or flattened arch heads often emphasized by hood moldings. Other typical features include low hipped or flat roofs, bracketed cornices, and, particularly in residential examples, a square tower or cupola. In commercial usage, a raised pediment bearing the name or date of the building is not uncommon. A variety of siding materials are used, usually with stringeourses between stories, and sometimes with wall planes framed by quoins. Used for both residential and commercial buildings from the mid nineteenth century through the 1890s, the Italianate style was adapted to "Main Street" commercial buildings and simplified, becoming the "commercial vernacular" of the era (Whiffen, 99). cmlhistori0templatesTighth E 321 (Chilton Howc) 12120!01 Pagel of 4 EXHIBIT 2 25F-9 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) December 5, 1985. Relocation inspection. November 26, 1986. Relocate historical residence over new basement and solarium. November 26, 1986. Two-car garage with den over. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) A fine example of Victorian era design, this is a two-story residence in the Italianate style. A truncated hip roof crowns the building, accented by a projecting front gable on the east end of the fagade (south elevation). Curved brackets, placed at either side of the second story windows, punctuate the enclosed soffits. A decorative bargeboard ornaments the gable end. Beneath the soffit overhang, a vertically detailed frieze circles the building. Wide shiplap siding, trimmed with endboards, sheathes the house. Spanning the first floor fagade, a pent hipped roof tops a three-bay, attached, front porch. Turned columns whose carved brackets form an arched porch frieze support the porch roof. The porch railing features carved balusters alternating with blocks pierced by circular cutouts. Located in the central bay, the entry contains a paneled door topped by a transom and approached by six stairs. Orbs surmount the newel posts of the stairway. Below the front gable, the east bay of the house consists of a two-story squared bay. Patterned shingles accent the upper story of the bay. Windows are one-over-one double-hung sash, arranged singly or in pairs, and simply framed. Moved to this location in 1986, the house is substantially unaltered. Contemporary additions to the property include an iron fence at the front and a two-story, wood-frame garage building in the rear, both of which are compatible in style and materials with the historic character of the house. HISTORIC HIGHLIGHTS: Robert Francis Chilton, who arrived in Santa Ana in 1876, was in the banking business in the City for more than twenty-five years. The head cashier of the Orange County Trust and Savings Bank, Chilton served as City Treasurer and was appointed postmaster in 1885. His other activities included development of property in northwest Santa Ana and service as the secretary of the Masons (excerpted from Marsh, 1998). Threatened with demolition at its original location on Sixth Street, the house was moved to this location and restored by Robert and Diann Marsh, prominent local historians, in 1986. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family Property RESOURCES PRESENT: ® Building ? Structure ? Object ? Site MOVED? ? No ® Yes ? Unknown Date: 1986 ® District ? Element of District ? Other Page 2 of 4 cmptistori6templatesTighth E 321 (Chilton House) 12/20/01 25F-10 Original Location: 6's Street STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as a small park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created county of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single-family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park. The Chilton House is a case in point, moved from Sixth Street to Eighth Street in 1986. The property is architecturally significant as a remarkably intact and highly characteristic example of the Italianate style dating to the mid 1880s "boom" period. It is also noteworthy for its association with a prominent early resident, Robert Chilton, and for its contribution to the historic character of the French Park district. All original and restored exterior features of the Chilton House are considered to be character defining and should be preserved. These features include, but may not be limited to: materials and finishes (shiplap siding, shingling); roof configuration and detailing; porch configuration and treatment; bays; windows and doors; and architectural detailing such as brackets, bargeboards, frieze, columns, etc. SUMMARY/CONCLUSION: The Chilton House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. Included in the Santa Ana Register of Historical Property, the Chilton House has been categorized as "Landmark" because it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," for its association with prominent early resident Robert Chilton, and it "has a unique architectural significance" as an intact example of Italianate residential design (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Page 3 of 4 cm\histonc\templates\Eighth E 321 (Chilton House) 12/20/01 25F-11 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: December 3. 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. Historic Resources Inventory French Park District, March 1980. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) 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. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: December 3, 2001 EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. B: that are associated with the lives of persons significant in our past. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) ID: Contributor to a listed district. Page 4 of 4 ctn\historic\tetnplates\Eighth E 321 (Chilton House) 12/20/01 25F-12 MILLS ACT AGREEMENT 321 East a Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 2, 2011 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 John L. Novak and Michelle D. Light, (hereinafter referred to as "Owners"), owner of real property located at 321 East Eighth Street, 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 321 East Eighth Street, 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. - I - EXHIBIT 3 25F-13 MILLS ACT AGREEMENT 321 East 84 Street 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 Owners of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 2, 2011, 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 Owners 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 Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners 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 Owners 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 Owners of nonrenewal. d. If either the Owners or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25F-14 MILLS ACT AGREEMENT 321 East 8 * Street Santa Ana, CA 92701 a. Owners 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 Owners 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. Owners 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 Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25F-15 MILLS ACT AGREEMENT 321 East 8`' Street 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 %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 Owners 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 Owners), 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 Owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owners if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25F-16 MILLS ACT AGREEMENT 321 East 8°i Street 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 321 East Eighth Street, Assessor Parcel Number, 398-017-12, 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 Owners 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. Owners 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 Owners 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: John L. Novak and Michelle D. Light 321 East 8th Street Santa Ana, CA 92701 -5- 25F-17 MILLS ACT AGREEMENT 321 East 8`h Street 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 Owners agree 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 Owners 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 Owners hereby agree 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. -6- 25F-18 MILLS ACT AGREEMENT 321 East a Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Ryan O. Hodge Assistant City Attorney -7- 25F-19 DAVID N. REAM City Manager By: John L. Novak By: Michelle D. Light 25F-20 MILLS ACT AGREEMENT 321 East a Street Santa Ana, CA 92701 Exhibit A P BK 216 PG 16 PAR 2 Assessor's Parcel Number: 398-017-12 -8- 25F-21 25F-22 MILLS ACT AGREEMENT 321 East 8"' Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25F-23 MILLS ACT AGREEMENT 321 East a Street 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 - 25F-24 MILLS ACT AGREEMENT 321 East 8`!' Street Santa Ana, CA 92701 25F-25 Exhibit C (photograph attached) MILLS ACT AGREEMENT 321 East 8`h Street Santa Ana, CA 92701 -12- 25F-26 MILLS ACTAGREEMENT 321 East a Street Santa Ana, CA 92701 -13- 25F-27 321 EAST EIGHTH STREET PHOTO LOCATION MAP EIGHTH STREET 64.11 I? I • 2 . I I . I I I ? • 74.95 . I I 1 I I I I a i -WOMEN NORTH -14- O 25F-28