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HomeMy WebLinkAbout25C - AGMT - HISTORIC PROPERTY 207 W SECOND STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2012 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-02 FOR THE PROPERTY LOCATED AT 207 WEST SECOND STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 ' 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 Alfonso G. Cordero for Corbiz, LLC, property owner, for the structure located at 207 West Second 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 Alfonso G. Cordero for Corbiz, LLC, property owner, for the structure located at 207 West Second Street, subject to non-substantive changes approved by the City Manager and City Attorney at its April 5, 2012 meeting by a vote of 8:0. DISCUSSION After the public hearing on April 5, 2012, 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. 2012-02 May 7, 2012 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $70.99 to $354.93 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay M. Trevino Executive Director Planning & Building Agency HS:rb Whistoric inf6mills act agreementsftpal2-02_207WSecond.cc Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25C-2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES comma SION NEETMIG DATE: APRIL 5, 2012 HISTORIC RESOURCES COMMISSION SECRETARY TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-02 FOR THE PROPERTY LOCATED AT 207 WEST SECOND STREET Prepared by Hally Soboleske APPROVED 0 As Recommended O As Amended O Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Corbiz, LLC for the structure located at 207 West Second Street. DISCUSSION Request of Applicant The applicant, Corbiz, LLC, requests the approval of Historic Property Preservation Agreement No. 2012-02 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a two-story commercial building, and is within the Downtown SD-84 zone (Exhibit 1). Surrounding land uses are all commercial, with a vacant lot adjacent to the east, and loft residential on the opposite side of Sycamore Street. 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. E 25C-3 HPPA No. 2012-02 April 5, 2012 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in July 2001 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this Georgian Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 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 not considered a project, and as such, is not subject to further environmental review. Hally Sobol ke Associate P anner HS:jm hsWstoft intoVnills act agreementslhppal2-02_207WSecond.hrc Attachments: Exhibit 1 - Radius Map Exhibit 2 - Executive Summary Exhibit 3 - Mills Act Agreement 25C-4 m O-A 61 1 ? 14 14 4TH AT A w $ ? am rat la1 1416 J OS I$v Ili as iii 117 it. N A 191 F 41H aT lIL IA,/ is lot g p jS !19 .r 7! q w a I"ST. ...... ,.. E -? ?E ??! ?.llu! n NDGY k- tot at Il9 ??? 7• IfL is y? IAf ?r WAIMJ T aT 500' RADIUS A& ffi IF r'W I.V &M at I ? E TI ? ? 3 L nu iN MOST... llv IAi total VVALKUFST H P PA-2012-02 207 W. Second Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25C-5 25C-6 NAME Southern Counties Gas Company REF. NO. 4 ADDRESS 207 West Second Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE E B Location: ? Not for Publication USGS 7.5" Quad Date: ® Unrestricted T R '/, of % of Sec B.M. ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Colonial Revival (Georgian Revival) DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: A variant of (lie Colonial Revival, the Georgian Revival looked specifically to the architectural vocabulary of the Georgian period (the 181h century) in the United States and Great Britain. Georgian Revival buildings are, like other Colonial Revival buildings, symmetrical in design and rectangular in plan. Hip, gable, or gambrel roofs are classically detailed at the cornice and occasionally topped by a railing-enclosed deck or accented by dormers. Fapades are often divided into three or five parts or pavilions, with ahernating sections projecting and receding. Pediments over the central bay and/or the central doorway provide a focal point; the pediments may be triangular or arched and may be closed or broken. Doorways are classically enframed, frequently topped by fanlights, and contain paneled wood doors, sometimes with sidelights. Palladian windows are featured; other windows are typically double-hung sash. Page 1 of 4 cmWlodckemplatcs Sccond 207 W (So Co Gas) 1013101 EXHIBIT 2 25C-7 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) March 1923. Office & storage warehouse. May 2, 1924. Alterations. February 18, 1925. Alterations. January 18, 1929. Alterations. May 8, 1933. Re-anchoring firewalls, repair stone cornice. June 1, 1937. Repair garage. August 24, 1937. Repairs and alterations. May It, 1944. Repair fire damage. July 22, 1944. Alteration to business building. April 13, 1973. Saloon & restaurant. July 27, 1973. Mezzanine. August 12, 1982. Remove interior partitions & skylights. September 20, 1982. Seismic reinforcement (completed August 30, 1983). December 28, 1984. Remove interior partitions. January 31, 1985. Tenant improvements. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Enclosed yard east of building DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Facing south onto Second Street, this is a one and a half story multi-colored brick building in the Georgian Revival style. The raised parapets of the end walls flank a side gable roof. Crowned by an iron-railed deck, (lie roof features three identical dormers topped by segmental arch roofs and pediments. The three bay division is carried through to (lie fagade, articulated by slightly raised plastered piers with decorative caps. A denticulated frieze, which bears the legend "Southern Counties Gas Company," tops the piers. Each bay contains a large, arched opening accented by a keystone; boarded over windows are located in the side bays and the pilaster framed entry in the center bay. Additional arched openings are located on the side elevations. The building retains strong design integrity on the exterior; (lie principal alterations appear to be the "Victorianization" of the entry and the boarding of the windows. Note: This property has a fa?ade easement with Heritage Orange County. HISTORIC HIGHLIGHTS: The Southern Counties Gas Company building was constructed in 1923 to a design by one of the premier architectural firms of Los Angeles, Walker and Eisen. Other well known commissions by this renowned firm include San Gabriel City Hall (San Gabriel, 1923), the Fine Arts Building (Los Angeles, 1925), the Beverly Wilshire Hotel (Beverly Hills, 1926), the El Cortez Hotel (San Diego, 1926), the Title Insurance and Trust Building (Los Angeles, 1928), Upland City Hall (Upland, 1939), and the San Luis Obispo County Courthouse (1940). Builders of file $50,000 improvement were Clark Bros, of Los Angeles. The new building occupied the site of the Santa Ana Gas and Electric Light Works, established at this location in 1891. In 1911 the utility was purchased by the Southern Counties Gas Company. The Gas Company operated at this site from 1923 until the mid-1960s. From the early 1970s through late 1980, Handlebars Saloon utilized the space. RESOURCE ATTRIBUTES: (List attributes and codes From Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP 6) 1-3 story Commercial Building Page 2 of 4 cenlhistoric%templates Second 207 W (So Co Gas) 10/3101 25C-8 RESOURCES PRESENT: ® Building ? Structure ? Object MOVED? ® No ? Yes ? Unknown ? Site Date: Original Location: ? Other 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. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s witnessed the construction of many new business blocks or remodels along Fourth and the adjacent streets, and by the 1920s Santa Ana's downtown had expanded in all directions to include both commercial and civic development. The Southern Counties Gas Company building is primarily significant for its pristine version of Georgian Revival styling, said by some to be the best example of its kind in Orange County as a whole and Santa Ana in particular (Thomas). It is also noteworthy as an example of tine work of Walker and Eisen, whose architectural oeuvre mostly encompassed large commercial and institutional buildings in the Beaux Arts, Italian Renaissance, and Moderne styles. Additionally, the building is symbolic of the historic importance of gas service in Santa Ana, which began with the installation of gas mains and streetlights in 1886. Character-defining exterior features of (lie Southern Counties Gas Company building, which should be preserved, include but may not be limited to: building massing and organization; roof configuration, materials, and features; variegated brick exterior walls and other finishes; architectural detailing, including frieze, piers, keystones, window and door framing; arched openings; and original glazing where extant. SUMMARY/CONCLUSION: This building was listed in tlhe National Register of Historic Places in 1983 as an individual resource and again in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and 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," and "has a unique architectural significance" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Page 3 of 4 cm\historiekcmplates Second 207 w (So Co Gas) 10/3/01 25C-9 ? District ® Element of District RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 30, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." May 1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. Unknown. "Southern Counties Gas. Co." National Register nomination form, no date (1982-83). 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. Heritage Orange County and the City of Santa Ana. Downtown Weilking Tour, Santa Ana, 1986. 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. Heuunann DATE OF EVALUATION: July 30, 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. C: that embody the distinctive characteristics of a type, period, or method of constniction, 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) 1B: Separately listed and contributor to a listed district. cnAhistori0templates Second 207 W (So Co Gas) Page 4 of 4 10!3!01 25C-10 MILLS ACT AGREEMENT 207 !West Second 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 7, 2012 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 Alfonso G. Cordero for Corbiz, LLC, (hereinafter referred to as "Owner"), owner of real property located at 207 West Second 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 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 207 West Second 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. -1- 20iIN MILLS ACT AGREEMENT 2071 Best Second 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 Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 7, 2012, 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 nomenewat 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 207 Nest Second Street Santa Ana, CA 92701 a. Owner shalt 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 207 West Second Street Santa Agra, 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 has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default 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 tinder 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 207 West Second 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 subjects the Historic Property, located at 207 West Second Street, Assessor Parcel Number, 398-267-04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner; Alfonso G. Cordero, Corbiz, LLC 207 West Second Street Santa Ana, CA 92701 -5- 25C-15 MILLS ACT AGREEMENT 207 West Second 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 Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. C. 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 207 West Second 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: MARIA D. HUIZAR Clerk of the Council Property Owners: Date: CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager By: APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: _ Ryan O. Hodge Assistant City Attorney Alfonso G. Cordero -7- 25C-17 MILLS ACT AGREEMENT 207 West Second Street Santa Ana, CA 92701 Exhibit A TOWN OF SANTA ANA BLK 5 LOT 8 AND BLK 5 LOT 9 Assessor Parcel No. 398-267-04 -8- 25C-18 MILLS ACT AGREEMENT 207 West Second Street Santo Ann, 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: 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. 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. 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 207 West Secotrd 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. -10- 25C-20 MILLS ACT AGREEMENT 207 West Second Street Santa Ann, CA 92701 Exhibit C (photographs attached) -11- 25C-21 CL z 0 Q V 0 J 0 0 W W W ?w - I z 0 r?W/? V? V/ W N 1 ?Ax k ,ice tt- ii , t 1. . J dRi A i? ' .•W? 1 r YrJ ALL :s• , -agg