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HomeMy WebLinkAbout25A - AGMT - HISTORIC PROPERTY - 301 E 8TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-03 FOR THE PROPERTY LOCATED AT 301 EAST EIGHTH STREET (STRATEGIC PLAN NOS. 5, 2; 5, 3) _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl 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 Ira Blitz, property owner, for the structure located at 301 East Eighth Street, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION On October 2, 2014, the Historic Resources Commission recommended by a vote of 8:0 that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ira Blitz, property owner, for the structure located at 301 East Eighth Street, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 25A -1 HPPA No. 2014 -03 November 18, 2014 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $93.27 to $466.35 annually, for a period of not less than ten years. Karen Haluza Interim Executive Director Planning & Building Agency HS:rb Whistonc info"ills act agreementsQWE_Eighth5t.cc Exhibit: A. Historic Resources Commission Staff Report 25A -2 REQUEST FOR Historic Resources Commission Action OCTOBER 2, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-03 FOR THE PROPERTY LOCATED AT 301 EAST EIGHTH STREET (STRATEGIC PLAN NOS. 5, 2; 5, 3) Prepared by Hally Soboleske all_- Interim Exe tive D' ector t J RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting P nnin anager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ira Blitz, property owner, for the structure located at 301 East Eighth Street, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Ira Blitz, is requesting the approval of Historic Property Preservation Agreement No. 2014 -03 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property consists of a two -story Craftsman styled residence and garage located at 301 East Eighth Street. The site is within the Specific Development No. 19 (SD -19) zoning district. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A -3 HPPA No. 2014 -03 October 2, 2014 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 Whitson Home and categorized as Key in January of 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. Strateoic Plan Alianment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), it has been determined that the proposed project is not subject to CEQA. Therefore, no further action is required. Haily Sobdfeske Associate Planner 4 A---S Vince Fregoso,Al P Acting Planning M ger HS:jm hsWStoric Info"Ifis act agreementsl301_E EighthSt.hm Exhibit: 1. 500' Radius Map 2. Department of Parks and Recreation Form 3. Mills Act Agreement 25A -4 V 3 500' RADIUS HPPA- 2014 -03 301 East Eighth Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25A -5 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD TA,..".",r. Other L Review NRHP Status or number (assigned by P1. Other Identlfier. W. Location: ONot for Publication PlUnrestricted 'a. County Orange County 'b. USOS 7.3' Quad TCA 1725 Date: 'c. Address 301 East Eighth Street City Santa Ana Zip 92701 e. Other Locational Data: Assessor's Parcel Number Block: Lot: 'P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries This south facing, one and one half story, sideyablad Craftsman bungalow with front- gabled dormer exhibits characteristic asymmetry and broad horizontallty. Roof treatment includes exposed rafter tails and carved braces fn the eaves. A recessed Porch with carved balusters extends across the west two thirds of the fagade and is spanned by a wide beam. Extanor walls. porch supports, and entry pedestals are Gad in narrow clapboard siding. Concrete steps lead to a center entry with sidelights and a door of beveled glass. The shape of the porch beam suggests a pediment over the entry. This unusual feature suggests that the porch once extended across the entire lagade, a supposition confirmed by the Sanborn map (1906-1949) of the property. Two fixed sash windows with tapered frames are located on the first floor, double -hung windows are used throughout the rest of the house. A pergola and porch are located on the east elevation. The dominant center dormer displays decorative knobs over a Mparble window, carved braces, and venting in its apex. A brick chimney is attached to the east elevation. Although relocated and set on a new foundation, the house exhibits a high degree of overall Integrity. When the porch was enclosed, the original window was reused and the siding was closely matched. New, stylistically compatible steps have been constructed at the entry. 'P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property 'P4. Resources Present: SIBuilding DStructure DObject DSite DDistrict SElement of District DOther c P51 p. Photo: (view and date) South elevation July 2001 'PS. Date Constructed/Age and Sources: Ehistoric 1911rSource: National Register nomination W. Owner and Address: 'P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SA1C 35 S. Raymond Ave. # 204 Pasadena, CA 91105 'P9. Date Recorded: January Z 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,' March 1980. Marsh, Diann. "French Park Historic District" National Register Nomination Form, February 1998. "Attachments: ONone DLocation Map OSketch Map WContinuation Sheet VIBuilding, Structure, and Object Record OArchaeological Record ODistrict Record OLinear Feature Record OMilling Station Record ❑Rock Art Record DArtifact Record ❑Photograph Record D Other (list) DPR 523A (1195) EXHIBIT 2 25A -6 - Required information State of California —The Resources Agency Primary 0 DEPARTMENT OF PARKS AND RECREATION HRM BUILDING, STRUCTURE, AND OBJECT RECORD Page --a– of a u -NRHP Status Code 10 B1. Historic Name: Whitson Home B2. Common Name: Same B3. Original Use: Single-famMy Residence 84. Present Use: Single -family Residence '85. Architectural Style: Bungalow /Craftsman "B8. Construction History: (Construction date, alterations, aril date or alteratlom): Constructed in 1911. 1987. Relocated from 909 North Spurgeon. July10.1987. New detached garage. June 14, 1988. Rerooll 'B7. Moved? ONO EYes OUnknown Date: 1987 Original Location: 909 North Spurgeon 'B8. Related Features: None. 89a. Architect: Unknown b. Builder: Unknown '819. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880 -1946 Property Type: Single - ramify Residence Applicable Criteria: C (Discuss Importance in terms of historical or architectural context as darned by theme, period, and geographic scope. Also address Integrity) The Whitson Home is significant as a contributor to the French Park Historic District and Is architecturally distinctive as an intact and characteristic example of the Craftsman bungalow, the most popular style of residential architecture during the first two decades of the twentieth century. It was built In 1911 at 909 North Spurgeon for Dr. Leroy Whitson, a local dentist, and his wife Mattis, who lived in the house for forty years. In 1987, the house was moved to this location and restored by Michael and Martens Braidic. 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 (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List etuitwtes and `B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Senbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: 'B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) 'Date of Evaluation: January 2, 2001 DPR 5238 (1195) 25A -7 Sketch Whitson House 301 East 8° Street 4 A, lRENLN _14=• ' 'Required Information State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by Leslie J. Neumann, Peter C. Moruzzt, SAIC B10. Significance (continued): Primary # HRI # Trinomial or # (Assigned by recorder) Whitson Nome 'Date January 2, 2002 ® Continuation O Update 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 PacfBc 10 anew depot on Fruit Skeet in Santa Ana in 1878, the expected commercial development of 'Santa Ana East' never materialized. Early gmwf and development of the town continued to be centered hitter west around Fourth and Main Sheets, with Me result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, tnangular 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 1888. Following Its incorporation as a city In 1886, Santa Ana was recognized as one of the feading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning In the 1880s and continuing wed 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 treedined streets. By the 19203, most streets M the neighborhood were fu0y 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 `IMho'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 Hit" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with muti-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes threatened with demolition to sites within the district boundaries. The Whitson Home fs an example of a recently moved house, originally constructed two blocks away at another French Park location. It contributes to the French Park Historic District through its architectural style and type, which are representative of the district during its period of growth and sfgnifrcance (established by the National Register nomination as 1877 - 1945). The Whitson Home is listed in the National Register of Historic Places as a contributor to the French Park Historic District, is therefore listed in the California Register of Historical Resources, and is located within the boundaries of the locally designated historic district. It is also included in the Santa Ana Register of Historical Property and has been categorized as "Key.' Following its relocation in 1987, rehabdltation included the removal of asbestos siding, replication of a fireplace, interior restoration and new landscaping. The Whitson Home possesses substantial integrity from 1911, including built -In sideboard, bookcase, and bathroom cabinets and exhibits the horizontal proportions, dormer, clapboard siding, and gabled roof that characterize the Craftsman bungalow style. Ali original and restored exterior features of the Whitson Home are considered to be character defining and should be preserved. These features include, but may not be limited to: materials and finishes (siding); roof configuration and detailing, dormer, original windows and doors where extant; and architectural detailing such as rafter tads and braces. 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encycl000dia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Mistated His forv. 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. Whiffisn, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Historic French Park Holiday Home Tour, 1999. DPR 5?{L 25A -8 MILLS ACT AGREENIENT 301 East Eighth Sheet Santa Ana, CA 92 706 RECORDING REQUESTED BY' City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 18, 2014 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 "), Ira Blitz, (hereinafter referred to as "Owner"), owner of real property located at 301 East Eighth Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with 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 Cee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 301 East Eighth Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are cared out in an exemplary manner. EXHIBIT 3 25A -9 MILLSACTAGREEMENT 301 East Eighth Street SanteAna, t:A 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 18, 2014, 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 nonnrenewal in any year, the Agreement shall remain in effect for the balance of the tern 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: 25A -10 MILLS .4CT AGREEMENT 301 East Eighth Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shalt 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. Owners shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 3. 25A -11 MILLS ACT AGREEMENT 307 East Eighth Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners 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 Owners 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 Owners 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 %) 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 Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners 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 a. 25A -12 MILLSACTAGREEMENT 301 East Eighth Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 301 East Eighth Street, Assessor Parcel Number, 398 - 017 -11, 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. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner(s): Ira Blitz 301 East Eighth Street Santa Ana, CA 92706 i - 25A -13 AMLSACTAGREEMENT 301 East Eighth Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the 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 Owners hereby agree to and shalt 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 ofthe 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-14 MlLLSACTACREEMENT 301 Easr Eighth Street Santa Ana, CA 92706 I1. 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 he effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: SONIA C�AI.HO City A me j j n By: Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager B1 7- 25A -15 Im Blitz M/LLSACTACREEMENT 301 East Eighth Street Santa Ana, CA 91706 Exhibit A P BK 216 PG 16 PAR 1 filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 39&017 -11 y- 25A -16 MILLS ACT AGREEMENT 301 East Eighth Street Santa Ana, CA 91706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7 The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. 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 -17 MIUSACTAGREEMENT 301 East Eighth Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 10- 25A -18 Iry AC AW -e V ' " 25A -20