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HomeMy WebLinkAbout25A - AGMT - HISTORIC PRESERVATION 217 N BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2012 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-03 FOR THE PROPERTY LOCATED AT 217 NORTH BROADWAY 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 Corbiz, LLC, property owner, for the structure located at 217 North Broadway, subject to non- substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Corbiz, LLC, property owner, for the structure located at 217 North Broadway, subject to non-substantive changes approved by the City Manager and City Attorney at its June 28, 2012 meeting by a vote of 7:0 (Morfin absent). DISCUSSION After the public hearing on June 28, 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. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $91.13 to $455.65 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay 'M. Trevino Francisco Gutierrez" Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\217_N_Broadway\hppa1 2-03_21 7N Broadway. cc Exhibit: A. Historic Resources Commission Staff Report 25A-1 25A-2 REQUEST FOR ?. Historic Resources Commission Action HISTORIC RESOURCES CONMSION N EEt1NG DATE: JUNE 28, 2012 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-03 FOR THE PROPERTY LOCATED AT 217 NORTH BROADWAY HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director Planning t nager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Corbiz, LLC property owner for the structure located at 217 North Broadway subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Corbiz, LLC, requests the approval of Historic Property Preservation Agreement No. 2012-03 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a single story arcade style commercial building, and is within the Downtown SD-84 zone (Exhibit 1). Surrounding land uses are all commercial with an asphalt parking lot adjacent to the east. 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 25A-3 HPPA No. 2012-03 June 28, 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 Contributive in 2001 by the Historic Resources Commission (Exhibit 2). It is also designated as a contributor to the Historic Downtown, a National Register District. 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 Spanish Colonial 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 revftvy, CA, 1/,0 U-Jr 1011A&Z Hay Sobol ke Associate P nner HS:jm Whistodc into\mills act a9reementsW7_N_Broadway\hppaI2-03_217NBroadway.hrc Attachments: Exhibit 1 - Radius Map Exhibit 2 - Executive Summary Exhibit 3 - Mills Act Agreement 25A-4 ??:; It17 4TH ST ?I I _, 500' RADIUS In HPPA-2012-03 217 N. Broadway PLANNING AND BUILDING AGENCY EXHIBIT 1 25A-5 y ` N ^ A FiF two( 25A-6 NAME Gilmaker Auto Agency Building REF. NO. 240 ADDRESS 217-221 North Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE ID Location: ? Not for Publication ® Unrestricted USGS 7.5" Quad Date: T R -of _ of Sec B.M ? Prehistoric ® Historic ? Both The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, oven with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces colmmonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. The Churrigueresque variant features ornate carvings highlighting arches, columns, window surrounds, cornices and parapets. Pagel of 4 cm`historic\tcmplalcs\Dtoadway 217 N (Gilmkcr Auto Bldg) 8/8;01 EXHIBIT 2 25A-7 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) Built in 1931 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.) This Spanish Colonial Revival style building is located on five east side of N. Broadway behveen 2nd and 3rd Streets. One story in height, it is built of brick with a stucco exterior, and has a tiled side gable roof. Only about 30 feet deep, the building consists of three bays: a central drive-through passage topped by a front gable roof flanked on either side by storefronts recessed beneath the side gable roof. A round-headed arch defines the auto passage while broad elliptical arches form a shallow arcade in front of (lie storefronts. Impost moldings detail each archway. Orange and black glazed tile in a zig-zag motif decorate the bulkheads. The storefronts have newer plate glass display windows, and the entrance doors are recessed with arched transoms. Rear elevation windows are one-over-one double-hung wood sash. The building appears to be in good condition, and retains a high degree of integrity of materials, design and workmanship. HISTORIC HIGHLIGHTS: The Gilmaker Auto Agency Building was constructed as the front office on all auto sales lot, and was expected to be used on a temporary basis (National Register Nomination Form, 7:24). The Depression precluded the replacement of the building with anew one, and it remains in use today. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preserva(ion.) (HP 6) I-3 story commercial building RESOURCES PRESENT: emViistoricltemplates?Broadaay 217 N (Gilmaker Auto Bldg) M101 Page 2 of 4 25A-8 ® Building ? Structure ? Object ? Site ? District MOVED? ® No ? Yes ? Unknown Date: ® Element of District 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 period of 1911-1915 saw many characteristic new business blocks or remodels along Fourth Street, and by the 1920s Santa Ana's downtown had expanded in each direction to include both commercial and civic development. The California style of living evidenced itself in (lie abundance of Spanish Colonial Revival style buildings, which were commonly built during the 1920s and early 1930s. Character-defining exterior features of this building which should be preserved include, but are not limited to: stuccoed exterior; side gable roof with central front gable; red clay tile roof cladding; three bay arcade; impost moldings; storefront configuration and materials where original (tile bulkeads, wood and glass door); and central pass-through. The Gilmaker Auto Agency Building is architecturally significant as a good, intact example of the Spanish Colonial Revival style in downtown Santa Ana. The stucco finish, tile roof, and arches are all typical of the style, and the building retains good integrity. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places 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. As an intact example of the Spanish Colonial Revival styling which typified an important architectural trend in Santa Ana development during the 1920s and 1930s, the building satisfies Criterion 1 for inclusion in (lie Santa Ana Register of Historical Property. Additionally, tlue property has been categorized as "Contributive" because it "contributes to the overall character and history" of the downtown historic district (Municipal Code, Section 30-2.2(3)). OWNER AND ADDRESS: Joseph L. Gilmaker 307 West Third Street Santa Ana, CA 92701 RECORDED BY: (Name, affiliation, and address) Page 3 of 4 cWhistoricltemplatest?roadway 217 N (Gilmaker Auto 1114g) 8/8191 25A-9 Leslie Heumalm & Liz Carter Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: January l9, 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. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. America;' Architecture: An IJlustraled Encyclopedia. New York, WW Norton, 1998. Heritage Orange County Inc. "Downtown Santa Ana Historic District Walking Tour." lid. McAlester, Virginia and Lee. A Field Guide to American !louses. 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 Department of the Interior, 1991. Whiffen, Marcus. American Arciutectnoe Since 1730. Cambridge: MIT Press, 1969. EVALUATOR: Leslie Heumann DATE OF EVALUATION: January 19, 2001 TION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work 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 cm\historic\templates\Broad"ay 217 N (Gilmaker Auto Bldg) 818!01 25A-10 MILLS ACT AGREEMENT 217 N. Broarhvay Santa Apia, 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 July 16, 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 217 N. Broadway, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with 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 217 N. Broadway, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- 1011 MILLS ACT AGREEMENT 217 N. Broadway Santa Ana, CA 42701 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 July 16, 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 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 nomrenewal 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 shalt be subject to the following conditions, requirements and restrictions: -2- 25A-12 MILLS ACT AGREEMENT 217N. Broadway Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25A-13 MILLS ACT AGREEMENT 217 N. Broadway 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 ''/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 emincnt domain and the City Council determines that the acquisition fnistrates 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 Set-vices 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- 25A-14 MILLS ACT AGREEMENT 217 N. Broadway Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 217 N. Broadway, Assessor Parcel Number, 398-267-02, 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 therefi-om 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 217 N. Broadway Santa Ana, CA 92701 -5- 25A-15 MILLS ACT AGRE ME, NT 217 N. Broadway Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner'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- 25A-16 MILLS ACT AGREEMENT 217 N. Broadway Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Property Owners: Date; APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager By: -7- Alfonso G. Cordero 25A-17 25A-18 MILLS ACT AGREEMENT 217N. Broadway Santa Ana, CA 92701 Exhibit A TOWN OF SANTA ANA BLK 5 LOT 7 Assessor Parcel No. 398-267-02 -8- 25A-19 25A-20 MILLS ACT AGREEMENT 217N. Broadway Sauta 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 fiom 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- 25A-21 MILLS ACT AGREEMENT 217 N. Broadway Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25A-22 Exhibit C (photographs attached) 0 Front and west-facing elevation MILLS ACT AGREERIENT 217 N. Broadway Santa Ana, CA 92701 - I 1 - 25A-23 a a z O F- 4 0 O J O F- O CL F- w w w F- 0 z O V w to F- w ti 0 N 0 z 25A-24