Loading...
HomeMy WebLinkAbout25B - AGMT - HISTORIC PROPERTY 1225 FRENCH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2013 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2013-02 FOR THE PROPERTY LOCATED AT 1225 NORTH FRENCH STREET &dY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 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 James J. Tellier and Rebecca Ralph, property owners, for the structure located at 1225 North French 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 the attached agreement with James J. Tellier and located at 1225 North French Street, subject tc Manager and City Attorney at its July 11, 2013 m absent). DISCUSSION After the public hearing on July 11, 2013 Historic Property Preservation Agree potential property tax savings would maintenance of their historic property, a A). Additionally, the agreement prevents FISCAL IMPACT City Manager and Clerk of the Council to execute Rebecca Ralph, property owners, for the structure non-substantive changes approved by the City aeting by a vote of 5:0 (Bustamante and Schaefer , the Historic Resources Commission reviewed the proposed ment (Mills Act Contract) and concluded that the resulting encourage the owner to reinvest the tax savings in the nd would benefit both the owner and the community (Exhibit s inappropriate alterations. The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $16.26 to $81.32 annually, for a period of not less than ten years. A? Ja . Trevino Executive Director Planning & Building Agency HS:rb hs\historic info\milIs act agreements\1225_N_French\hppal3-02.cc Exhibit: A. Historic Resources Commission Staff Report 25B-1 25B-2 REQUEST FOR Historic Resources Commission Action ., HISTORIC RESOURCES CONMS,SIONNEE INGDATE: JULY 11, 2013 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2013-02 FOR THE PROPERTY LOCATED AT1225 NORTH FRENCH STREET Prepared by Hally Soboleske HISTORIC RESOURCES CONVIISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For CONTINUED TO Executive Director Planning Manag RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with James J. Tellier and Rebecca Ralph, property owners, for the structure located at 1225 North French Street subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, James J. Tellier and Rebecca Ralph, request the approval of Historic Property Preservation Agreement No. 2013-02 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Prairie styled residence and two story garage located at 1225 North French Street and is within the French Park National Register District. Surrounding land uses include single family residential, with multi-family residential within 500 feet to the north, and a medical center within 500 feet to the east (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 25B-3 HPPA No. 2013-02 July 11, 2013 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 Davis Hoy House and categorized as Contributive in November 2002 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. Hally So ske Associate fanner HS:jm halhlsloric inro4nih act agreemenlat1225_N_FreneftppaI3-02.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25B-4 H PPA-2013-2 1225 North French Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25B-5 EXECUTIVE SUMMARY DAVIS-HOY HOUSE 1225 North French Street Santa Ana, CA 92701 NAME Davis-Hoy House REF. NO. ADDRESS 1225 North French Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1905 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE ID Location: ? Not for Publication ® Unrestricted ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Prairie Style (American Foursquare variant) The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the unbnterntpted horizontal lines of the American Prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A common, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the fagade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. SUMMARY/CONCLUSION: The Davis-Hoy House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion I as a representative example of the American Foursquare variant of the Prairie Style common in the first decade of the twentieth century, and under Criterion 4b, for its association with two prominent early citizens, Samuel Davis and William Hoy. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of French Park through its historic associations and its style and type, is a "good example" of the American Foursquare variant of the Prairie Style, and "has not been substantially altered (Municipal Code Section 30-2.2)." EXPLANATION OF CODES: • National Reeister 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 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) 1D: Contributor to a listed district. EXHIBIT 2 25 Bp9 1 of 5 State of California -The Resources Agency Piin DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD T.In Other Listings Review Code 1 of or NRHP Status P1. Other Identifier. 'P2. Location: ONot for Publication mUnrestricted 'a. County Orange County 'b. USOS 7.5' Quad TCA 1725 Date: 'c. Address 1225 North French Street City Santa Ana Zip 92701 'e. OdierLocatlonal Data: Assessors Parcel Number: 398-028-04; BotelersAdd Block: B Lot: 10 'P3a. Description: (Describe resource and its ma/or elements. Include design, materiels, condition, alterations, size, selling, and boundaries.) Located on the east side of North French Street, this two-story house is indicative of the American Foursquare variant of the Prairie Style, with detailing influenced by the Colonial Revival and Craftsman styles. A medium-pitched, bellcast hipped roof with exposed, carved rakers beneath deep eaves caps the house. Hipped dormers with paired vents are centered over each elevation. Roughly textured stucco covers the second floor exterior and the walls of the first floor entry porch. Narrow clapboard sheathes the remaining lower story surfaces, flaring out slightly at the base. Second floor windows are one-over- one, wood-framed, double-hung sash with classical surrounds. A wide belt course bands the house between stories. Flower boxes supported by brackets on the upper west elevation were perhaps added at the same time as the squared bay with faux rooftop balcony that projects from the lower south half of the facade. Sanborn maps reveal that a porch was recessed across the entire fagade in 1906 and had been modified into its current configuration by 1949. Now (2002) occupying the north half of the fagade, the recessed porch features paneled posts, a flattened arch, and clapboard-sided rails. A concrete path leads (See Continuation Sheet 3 of 4.) 'P3b. ResourceAttrlbutes: (fist attributes and codes) HP2. Single-family Property '174. Resources Present., AtBuflding L7Struchuo OObject L7S#e 17DisMct NElemenl of District QOther P5b. Photo: (view and date) West elevation May 2002 'P6. Date Constructed7Age and Sources: ihistoric 1905/Source: Marsh, 1998. 'P7. Owner and Address: Wayne Curl 3314 S. Towner Santa Aria, CA 92707 'P8. Recorded by. Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 'P9. Dale Recorded: August 28, 2002 'P10. Survey Type: Intensive Survey Update 'P11. Report Citation: (cite survey report and other sources, or enter 'none ) Les, Kathleen. "Historic Resources Inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. 'Attachments: ONone OLocolion Map OSketch Map &Continuation Sheet NBui/ding, Structure, and Object Record OArchaeological Record ODistrict Record OLinear Feature Record L7M)lling Station Record ORock Ad Record LMdifact Record OPhotograph Record 0Other (list) DPR 523A (1195) 25E=?f 5 *Required Information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HR!# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code ID -flesource lvame or n: Davis-HOy House 81. Historic Name: Davis-Hoy House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use., Single-family Residence *B5. Architectural Style: Prairie Style (American Foursquare variant) *B8. Construction History: (Constructlon date, alterations, and date of alterations): Constructed in 1905. October 16, 1931. Reroof. August 5, 1932. Private garage. November 24, 1950. Convert residence into duplex (11 rooms). April 9, 1951. Re-side duplex. August 17, 1984. Rerool'. June 10, 1994. Repairs to under floor supports. *B7. Moved? /No GYes OUnknown Date., Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder. Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1948 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms ofhistodeal or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Davis-Hoy House is significant for its association with two prominent early Santa Ana residents. Although altered, the house is also a representative example of the American Foursquare variant of the Prairie Style. Signature features of this design variant Include two-story box-like massing and plan, a hipped roof and dormers, front porch, and detailing culled from the vocabularies of a variety of styles, including the Colonial Revival and Craftsman represented here. The house is also important as a contributor to the French Park Historic District. According to previous research, Samuel Davis, who built this house in 1905, was a district attorney for the County of Orange and a partner with E. E. Keech in a prestigious law firm. Mr. Davis was one of the founders of the Orange County Historical Society, serving as Secretary from 1919 to 1947. Civil Engineer William Hoy and wife Elizabeth owned the home by 1920. Mr. Hoy was an 1895 Cornell University graduate, arriving (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B 13. Remarks: *B14. Evaluator., Leslie J. Neumann *Date of Evaluation: August 28, 2002 (This space reserved for official comments.) DPR 523B (1195) Sketch Map t npY'r 1_-I C7 .. K. rrnr?r e Davis-Hoy House 1225 N. French Street *Required Information 2591'8 of 5 State of California -The Resources Agency Primary 0 DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Davis-Hoy House 'Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC 'Date August 28, 2002 ®Continuation OUpdate 'P3a. Description (continued): to wood porch steps and the front door, which is glazed on the top half with three rectangular panels below. On the north elevation, a cant bay has fixed and double-hung sash windows covered by a pent roof. Sanborn maps also indicate that an addition to the rear northeast corner of the house is not original. •B10. Significance (continued): in California in 1913. He was employed by the Orange County highway commission and the county surveyor's office. After serving as City Engineer of Santa Ana from 1919 to 1922, Mr. Hoy went into private practice. He specialized in water resources and irrigation, working for a number of local water companies (Marsh, 1998). 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. in 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful In luring the Southern Pacific to a new depot on Fruit Street in Santa Ana In 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-Ilned streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who' of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1960s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Davis-Hoy House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the American Foursquare variant of the Prairie Style common in the first decade of the twentieth century and under Criterion 4b, for its association with two prominent early citizens, Samuel Davis and William Hoy. The massing, roof and dormer configuration, and delineation the upper and lower stories are elements associated with the American Foursquare variant of the Prairie Style, while the porch supports and window surrounds suggest the Colonial Revival and the exposed rafters and overhanging eaves reflect the Craftsman style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of French Park through its historic associations and its style and type, is a "good example" of the American Foursquare variant of the Prairie Style, and "has not been substantially altered." Character-defining exterior features of the Davis-Hoy House that should be preserved include, but may not be limited to: materials (wood) and finishes (clapboard); roof configuration and detailing; massing; porch; and architectural details such as carved rakers and the original door. If restored to an earlier appearance, with the original porch configuration and exterior finishes, the Davis-Hoy House could be categorized as "Key." DPR 523L Page 4 of 5 25B-9 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Davis-Hoy House 'Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC 'Date August 28, 2002 W Continuallon l7Update 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. 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. WhiHen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR 523L 20-10 MILLS ACT AGREEMENT 1225 North French Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement') is made and entered into this August 5, 2013 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 James J. Tellier and Rebecca Ralph, (hereinafter referred to as "Owners"), owner of real property located at 1225 North French Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1225 N. French 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 Properly 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 Properly 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 -t- 25B-11 MILLSACTAGREEMENT 1225 North French Street Santa Ann, CA 91706 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 August 5, 2013, 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- 256-12 MILLS ACT AGREEMENT 1225 North French Streel Santa Ann, 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 agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 256-13 MILLSACTAGREEMENT 1225 Nordt French Sheer SauroAeo, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ''/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement, a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 256-14 MLLLSACTAGREEMENT 1225 North French Street Santa Ann, CA 91706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 1225 North French Street, Assessor Parcel Number, 398-028-04, 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' 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: James J. Tellier and Rebecca Ralph 1225 North French Street Santa Ana, CA 92701 2513-15 MILLS ACTACREEMENT 1125 North French S/reel Sooln Aan, 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 (lie 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. 2vB-16 MILLSACTAGRBEMENT 1225 North French Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation, 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: By: Sonya R. Carvalho City Attorney CITY OF SANTA ANA Kevin O'Rourke Interim City Manager By: James J. Tellier By: Rebecca Ralph 25B-1 7 ' MILLS ACTAGREEMENT 1225 North French Street SantaAnn, CA 92706 Exhibit A BOTELERS ADD BLK B LOT 10 Assessor's Parcel Number: 398-028-04 2dB-18 MILLSACTAGREEMENT 1225 North rreueG Street Santa Alm, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 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 29B-19 MILLSACTAGREEMENT 1225 North French Street Sunta Ann, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to strictures 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. 2813-20 d11LLS ACT AGREEMENT 1225 North French Street Sonar Ano, CA 92706 Exhibit C (photographs attached) 25B-21 1225 NORTH FRENCH STREET PHOTO LOCATION MAP FRENCH STREET 50.00 O 122.08 ' NORTH ? 25®-22