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HomeMy WebLinkAbout25C - AGMT - HISTORIC PROPERTY 2109 N HELIOTROPEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-04 FOR THE PROPERTY LOCATED AT 2109 NORTH HELIOTROPE DRIVE C? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner, for the structure located at 2109 North Heliotrope Drive subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner, for the structure located at 2109 North Heliotrope Drive subject to non-substantive changes approved by the City Manager and City Attorney at its October 6, 2011 meeting by a vote of 5:0 (O'Callaghan abstained; Rogers and Yrarrazaval absent). DISCUSSION After the public hearing on October 6, 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. 25C-1 HPP Agreement No. 2011-04 November 7, 2011 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $205 to $1,022 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: 3Q211 Trevino Executive Director Planning & Building Agency HS:rb Whistoric infoXmills act agreements\2109_N_Heliotrope\hppa11-04.cc Francisco Gutierrez Executive Director Finance & Management Services Agency ?r Exhibit: A. Historic Resources Commission Staff Report 25C-2 REQUEST FOR Historic Resources Commission Action FISTORIC RESOURCES CONIIASSION NEETIM DATE: OCTOBER 6, 2011 HISTORIC RESOURCES COAl11A r N SECRE rMY TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-04 FOR THE PROPERTY LOCATED AT 2109 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske APPROVED ? As Recommended ? As Amended ? Set Public Hearing For CONTINUED TO Executive 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 Nicola Fleming, property owner, for the structure located at 2109 North Heliotrope Drive subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Nicola Fleming, requests the approval of Historic Property Preservation Agreement No. 2011-04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence located at 2109 North Heliotrope Drive and is within the Floral 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. Exhibit A X 25C-3 HPPA No. 2011-04 October 6, 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. The subject property was placed on the local register as the Stauffer House and categorized as Key on July 7, 2011 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). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. AL6 Hally Sobole e Associate PI ner HS:jm Whistoric info\mills act agreements\2109_N_Heliotrope\hppa11-04.hrc Attachments: Exhibit 1 - Radius Map Exhibit 2 - Executive Summary Exhibit 3 - Mills Act Agreement 25C-4 szao: , v urs uts use u!s ttr? MIS Aw uow 00? ZJ02 aas ??? 2137 !!r 2'3Y3 r i!! r ? ! IG? s ! mu am r? sou r za?t. a 2014 S 10.1: y1, 20N rt 20t9 Coro -- 12M 4AI .- -- 500' RADIUS HPPA-2011-04 2109 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHINT 1 25C-5 25C-6 PEXECUTIVE SUMMARY STAUFFER HOUSE 2109 N. Heliotrope Drive Santa Ana, CA 92706 NAME Stauffer House REF. NO. ADDRESS 2109 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 2 & CALIFORNIA REGISTER STATUS CODE 5S1 Location: ? Not for Publication ® Unrestricted ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Stauffer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Key" because of its "distinctive architectural style and quality" and, as an intact example of the combination of the Colonial Revival style in the Floral Park neighborhood, its association with William ]. Stauffer. (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Resister 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.) 2: It is associated with the lives of persons important to local, California or national history 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 1 of 4 25C-7 PStab of Caltfontia -- The Resources Agency DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trlnomisi NRHP Status Code Other ustlnys Rovhw Code Reviewer Daw or number (assiprwd by rooorder) P1. Other Identifier: *P2. Location: ONot for Publication ¦Urx+estric ted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2109 North Heliotrope Drive City Santa Ana Zip 02706 *e. Other Locational Data: Assessor's Parcel Number 002-061-26 *P3a. Description: (Describe resource and its major Woments. Indude design, materials. condition, aftmoom, size, setting, and boundaries.) Rectangular in plan, this side gabled Iwo-story Colonial Revhral styled residence is dad in smooth stucco Bnish on the first floor, sides and back of the structure, and the upper front elevation is dad with 8" horizontal tongue and groove wood sldirtg. The roof Is capped with asphalt shingles, and the eaves are very shallow and rafters are covered by a wood fascia board. Fenestration patterns are very symmetrical as is typical of the Colonial Revhnll style. The first iloor windows include two large wooden bow wvxkm on ellher side of the central front entry topped with a copper shed roof. Although the center window of each bow is aired, the side windows of each bow window are shingle hung with lamb's tongue features. The windows on the front fagade of the second poor are aN composed of wood, and are skgte hung. The windows on the outermost portion of the fagade are sir-over-six, lambs tongue decoration, and wood shutters. Just above the front entry, and central to the fagade, are two smeNer single hung wood windows instaNed side by side. Each of these windows is six- over-six with a prominent wood slN, and wood shutters surrounding the pair The central front entry Is Bush with the fagede, with a narrow porch and landing protruding into the front yard. This porch Is stWorted by stmpie wood porch supports and includes a front facing gable wNh broken pediment. A slender, carved wood Bniel rests Inside the pediment. There was a small den addition to the rear of the house whk h is not vfslble ham the right-of-way. The landscape on the property is hush and mature. A small detached garage sits to the near of the property. *133b. Resource Attributes: (Nst attrbules and codes) HP2. Sirgte- mfiy Prgperty *P4. Resources Present: ot3WWkV OStructure OObWA OSite ODistrict DEtement of District OOther P5b. Photo: (vkw and date) West facing elevation A4arch 2011 *P6. Date ConstructedtAge and Sources: ¦historic 194GIUy of Santa Ana Bukft Pemmts *P7. Owner and Address: Nicola Jane Fleming 2109 N. Heliotrope Drive Santa Ana, CA 92706 W. Recorded by: Haily Soboleske 20 Civk Center Plaza Santa Ana, CA 92702 *P9. Data Recorded: Afarch 21, 2011 *P10. Survey Type: Intenshre Survey Update *P11. Report Citation: (Cib survey report and ether soUrCes, or enter "nom') None. *Attachments: ONone OLocation Map O Sketch Map •Continuation Street []Archaeological Record OD strict Record uLineer Feature Record DMNNng Station Record DRock Art Record OArWact Record 17Photograph Record O Other (Not) DPR 523A (11pti) Pape 2 of 4 'Required information 25C-8 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRIN BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 -Resource Name or v: Jraurrer House B1. Historic Name : Stauffer House B2. Common Name: Same B3. Original Use: Single-family Residence *B5. Architectural Style: Colonial Revival B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1940 April 10, 1940. 7 room frame residence and garage. $9,000. May 19, 1947. One fixture. April 13, 1950. Addition to service and alteration to residence by William Stauffer. April 26, 1950. 2 fixtures by William Stauffer. May 15, 1950. 10 outs, 2 fixtures, disposal and dishwasher for Stauffer. Mary 14, 1966. Remodel kitchen and addition to den. September 16, 1980. Pool and spa for Dr. D. Wardell by Granada Pools $15,000. October 2, 1989. New detached garage with studio and storage above with 2 skylights, and demo existing garage. May 25, 1990. Solar panels on garage for pool. *8T. Moved? ¦No OYes OUnknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Stauffer House is architecturally significant as a Colonial Revival style of architecture in the Floral Park neighborhood. It was constructed in 1940 by Allison Honer as a speculative venture, and the first occupant was William J. Stauffer and his wife Violet. Mr. and Mrs. Stauffer were married September 25, 1925, and were lifelong Orange County residents. He opened the first Orange County investment house in 1924 in Santa Ana where he worked as a finance manager for Dean Witter and Company. This helped to establish Santa Ana as a hub for finance and business at the time. His son Bob joined the Dean Witter office (now Morgan Stanley) in 1955 and worked in Santa Ana for 33 years. Bob's nephew, David, is still there, representing the third generation of Stauffers to work in the firm. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *814. Evaluator: Hally Soboleske *Date of Evaluation: March 21, 2011 (this space reserved for official comments.) DPR 5238 (1/95) Page 3 of 4 25C-9 Sketch Map o © 2109 North Heliotrope Dr. G 002-081-28 o ' Q -a o _o o° . ®©- ° o ? - o o m .' i!o -.° . o *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) Stauffer House `Recorded by Hally Soboteske 'Date March 21, 2011 ® 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 doffed with widely scattered farmhouses. The Stauffer House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the El Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Stauffer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as `Key" because it of its distinctive architectural style and quality of architecture, as well as its association with William J. Stauffer, who established the first finance firm in the city and Orange County, California. Character-defining exterior features of the Stauffer House that should be preserved include, but may not be limited to, exterior materials, massing, original windows where extant, and front porch configuration. 1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the interior, 1991. Office of Historic Preservation. Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364-365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Journal. September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. History of Floral Park." http.lAvww.floral-nark.com/oage2.html. Santa Ana and Orange County Directories, 1937-1978. Page 4 of 4 DPR 523L 25C-10 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 7, 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 Nicola Fleming (hereinafter referred to as "Owner"), owner of real property located at 2109 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2109 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 3 -1- 25C-11 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 7, 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 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 2109 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction 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. C. 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 2109 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner 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 %z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any 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 2109 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 2109 North Heliotrope Drive, Assessor Parcel Number, 002-081-28, 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 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: Nicola Fleming 2109 North Heliotrope Drive Santa Ana, CA 92706 -5- 25C-15 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' 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 2109 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: CITY OF SANTA ANA Paul Walters Interim City Manager By: Nicola Fleming APPROVED AS TO FORM: JOE STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney -7- 25C-17 25C-18 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 1035 LOT 8 BLK A N 27 FT THEREOF(LOT 9 BLK A S63 FT THEREOF Assessor's Parcel Number: 002-081-28 -8- 25C-19 25C-20 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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. 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-21 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25C-22 MILLS ACTAGJWEMEwW 2109 Nsrg His Drlvs Sao& Ar mr CA 927" Exhibit C (photo hs attached) _11. 2109 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE 90.00 • 1 I I I 130.75 I I I I I I I I 1 I I I I I I I I I I I I I ¦ NORTH -12- 25C-24