HomeMy WebLinkAbout25B - AGMT - HISTORIC PROPERTY - 118 W 5TH STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 18, 2014
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2014 -08 FOR THE
PROPERTY LOCATED AT 118 WEST FIFTH
STREET {STRATEGIC PLAN NOS. 5, 2; 5, 3)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"' Reading
❑ Ordinance on fn 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
Jack Jakosky on behalf of Ramona Building LLC, property owner, for the structure located at 118
West Fifth 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 Jack Jakosky on behalf of Ramona Building LLC, property owner, for the
structure located at 118 West Fifth 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).
25B -1
HPPA No. 2014 -08
November 18, 2014
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by
an estimated $406.93 to $2,034.61 annually, for a period of not less than ten years.
Karen Haluza
Interim Executive Director
Planning & Building Agency
HS:rb
f1 histOIIC inlo"ill6 act apreaments=141002 hppa14 -08_118 E Rpl1 St=
Exhibit: A. Historic Resources Commission Staff Report
25B -2
REQUEST FOR
Historic Resources Commission Action
OCTOBER 2, 2014
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2014-08 FOR THE PROPERTY
LOCATED AT 118 WEST FIFTH STREET
(STRATEGIC PLAN NOS. 5,2; 5,3)
Prepared by Hally Soboleske
ti
Interim Exe tiv irector
RECOMMENDED ACTION
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
CONTINUED TO
Acting Pla nin tanager
Recommend that the City Council authorize the City Manager and Clerk of the Council to execute
the attached agreement with Jack Jakosky on behalf of Ramona Building LLC, property owner, for
the structure located at 118 West Fifth Street, subject to non - substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
Request of Applicant
The applicant, Jack Jakosky, is requesting the approval of Historic Property Preservation
Agreement No. 2014 -08 (Mills Act) between the property owner and the City of Santa Ana.
Property Description
The subject property consists of a two -story, plus basement, 35,000 square foot commercial
building designed in an Italian Renaissance style located at 118 West Fifth Street. The site is
within the Specific Development No. 84 (SD -84) zoning district. Surrounding land uses are
commercial (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
25B -3
HPPA No. 2014 -08
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
Ramona Building and categorized as Key in August 2001 by the Historic Resources Commission
(Exhibit 2).
Upon consideration of the application, it is recommended that the City enter into a Historic Property
Preservation Agreement (Exhibit 3). 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.
Strateaic Plan Allonment
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
the proposed project is not subject to CEQA. Therefore,
Haliy Sol6bleske
Associate Planner
Act (CEQA), it has been determined that
no further action is required.
Vince Fregoso, Al P
Acting Planning Manager
HS:jm
hslhistoncmfo%mills act agre aMS1201410C2 hppa14.08_118 E Fifth_ t,hm
Exhibit: 1. 500' Radius Map
2. Department of Parks and Recreation Form
3. Mills Act Agreement
25B -4
HPPA- 2014 -08
118 West Fifth Street
PLANNING AND BUILDING AGENCY
EXHIBIT 1
25B -5
NAME
Ramona Building
REF. NO. 191
ADDRESS
I I8 -120 West Fifth Street
CITY
Santa Ana
ZIP
1 92701
ORANGE COUNTY
YEAR BUILT
1922
LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT
I Downtown Santa Ana
NEIGHBORHOOD
N/A
NATIONAL REGISTER CRITERIA FOR EVALUATION
C
NATIONAL REGISTER STATUS CODE
I ID
Location: ❑ Not for Publication ® Unrestricted
USGS 7.5" Quad Date: T _ R _ '/, of _ '/ of Sec B.M.
❑ Prehistoric ® Historic ❑ Both
ARCHITECTURAL STYLE: Italian Renaissance (Late 19 "' and 20" Century Revivals)
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:
The late 19" and 201" century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was popular
from the late 19" century until 1930. It was inspired by the designs of the palazzi of northern Italy and popularized by American
architects McKim, Mead, and White. Utilized on public buildings and ornate homes, the vocabulary of the style also influenced the
appearance of commercial buildings. Characteristic features generally include masonry construction, often with different treatments
on lower and upper stories; stringcourses or beltcourses between stories; flat roofs screened by parapets or hipped roofs; cornices,
dentils, pilasters, quoins, and other classical details; and a balanced, often symmetrical appearance. Taller, more elaborate buildings
often feature terracotta facade cladding or ornamentation while more modest one to three story examples utilize bricks of contrasting
colors as trim. Ground floors of multi -story buildings often housed banking rooms; more modest buildings may contain storefronts
with recessed entries and large plate glass display windows with transoms and bulkheads. Upper story windows are most commonly
one - over -one wood framed double -hung sash.
* See construction history
Page I of4
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' "'°°' EXHIBIT 2
r
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
Note: Historically, this building also included the addresses 421 -431 North Sycamore Street,
118 -120 West Fifth
July 1922:
January 1923:
January 26, 1981:
December 19, 1981
January 19.1982:
February 1, 1982:
May 11. 1982:
July 15, 1982:
Business block.
Finish 2 "d floor for business building.
Add new mezzanine & bring to code.
Tenant improvement, foundation only
Seismic remodel.
Office partitions in basement.
Interior offices.
Alter existing 2nd floor offices.
120 West Fifth:
April 6, 1984:
Roof repair, fire damage repair.
June 18. 1985:
Seismic, mezzanine additions.
August 21, 1985:
Rehab building.
September 23, 1985:
Exterior historic rehab, alter interior.
October 5, 1987:
Tenant improvement (1" floor),
421 -429 North St
January 25, 1927
August 28, 1973:
April 25, 1978:
May 19,1978:
camore Street:
Alterations.
Interior partitions & openings for Banco del
Pueblo.
Close door way, install front door.
Interior partitions.
415 North Sycamore Street:
July 15, 1935: Alterations.
421431 North Sycamore Street:
October 30,1978: Remodel restaurant.
RELATED FEATURES: (Other important features such as hams, 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 two -story commercial building is located on the southeast comer of Sycamore and Fifth Streets. Of wire -cut brick construction,
the building is divided into five equally sized bays on the west (Sycamore Street) elevation and another five bays plus a smaller entry
bay on the north (Fifth Street) elevation. A belt course bands the facades between stories while a denticulated frieze, picked out in
contrasting color brick, circles the top of the building. Piers with triangular caps define the bay divisions on the upper story. Small
pedestals above the piers and raised parapet above the north entry bay characterize the roofline. Each second floor bay contains a pair
of one - over -one double -hung sash windows topped by a spandrel panel outlined in contrasting brick. Ground floor bays contain
glazed display windows set over solid bulkheads and topped by bands of transom windows. Storefront entries are either recessed,
double, glazed doors with transoms or offset single doors. An ornamental terracotta surround articulates the northern entry to the
upstairs offices. Damaged by a fire in 1984, the building has been rehabilitated to an appropriate historic appearance.
HISTORIC HIGHLIGHTS:
The Ramona Building was built in 1922 on the site of the Fashion Stables and Livery (1915) for L. D. Mercereau. W. W. Kays was
the architect of the combination retail and office structure, which was constructed at a cost of $45,000. An additional $15,000 was
spent in 1923 to finish the building. Early tenants of the building included Remington Typewriters, Federal Finance, and W. C. Nelty
Dry Goods. Subsequent occupants included the Shafer Music Company and the Irvine Company (Thomas, 7:22; Les).
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources. Office
of Historic Preservation.)
(HP 6) 1 -3 story Commercial Building
Page 2 of 4
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7 10 01
25B -7
RESOURCES PRESENT:
® Building ❑ Structure ❑ Object ❑ Site
❑ District ®Element of District ❑Other
MOVED? ® No ❑ Yes ❑ Unknown Date: Original Location:
STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme,
period, geographic scope, and integrity.)
Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho
Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the
Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick
commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The
early 1900s witnessed the construction of many new business blocks or remodels along Fourth and adjacent streets, and by the 1920s
Santa Ana's downtown had expanded in all directions to include both commercial and civic development.
The Ramona Building is architecturally significant as a representative example of early 201' century Italian Renaissance Revival
influenced commercial architecture in downtown Santa Ana. The building has been rehabilitated to a high degree of integrity, and
displays the characteristics typical of the style including dark brown brick walls with contrasting brick trim, a suggestion of classical
building elements such as piers and friezes, and glazed storefronts. Character- defining exterior features of the building, which should
be retained, include but are not limited to: exterior finishes; parapet; bay divisions articulated by piers; fenestration; storefronts; and
ornamental features.
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. The
property is included in the Santa Ana Register of Historical Property and has been categorized as "Key" because it has a "distinctive
architectural style and quality," and "is characteristic of a significant period in the history of the City of Santa Ana" (Municipal Code,
Section 30- 2.2(2 )).
OWNER AND ADDRESS:
0orni +nplmcs Fi Ni 118 W rannn mdgl
Page 3 of
7 i011
r
RECORDED BY: (Name, affiliation, and address)
Leslie J. Heuma n
Science Applications international Corporation
35 S Raymond Avenue Suite 204 Pasadena, CA 91105
DATE RECORDED: July 3, 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,
1985.
REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.)
Harris Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
McAlester, Virginia and Lee. AField 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 Department of the Interior,
1991,
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969
EVALUATOR: Leslie J. Neumann DATE OF EVALUATION: July 3, 2001
EXPLANATION 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 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)
ID: Contributor to a listed district.
Page 4 of 4
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25B -9
HILLS ACTAGREEMENT
118 West Fifth Sheet
Santa Ana, CA 92701
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this 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 refereed to
as "City'), Jack Jakosky on behalf of Ramona Building LLC, (hereinafter referred to as
"Owner "), owner of real property located at 118 West Fifth 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 Acf) 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 118 West Fifth
Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A,"
attached hereto and incorporated herein by reference, and hereinafter refereed 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 properly Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
1,
M/LLSACTAGREEMENT
118 West Fifth Street
Santa Ana, CA 92701
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division l of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 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 nonrenewal 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:
25B -11
MILLS ACT AGREEMENT
III West Fifth Street
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. 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 Eo furnish the City with any and all iul'onnation requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
3
25B -12
MILLS ACT AGREEMENT
118 West Fifth Sheet
Santa Ana, CA 92701
S. 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 ' /T) 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 tour, 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 or 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
M
25B -13
MILLSACTAGREEMENT
118 West Fifth Street
Santa Ana, CA 92701
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owners hereby subject the Historic Property, located at 118 West Fifth
Street, Assessor Parcel Number, 398 - 258 -01, 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 trader 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
Owners: Jack Jakosky
503 32nd Street, Suite 200
Newport Beach, CA 92663
_5-
25B-14
d11LLS ACT AGREEMENT
118 West Fifth Street
Santa Ana, CA 92701
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The 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 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 aequirnrg any parr or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
C. In the event legal proceedings are brought by any patty or patties 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 arc 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.
r, -
25B -15
HILLS ACTAGREEMENT
I 1 (Vest Fifth Street
Santa Ana, CA 92701
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shalt 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:
APPROVED AS TO FORM:
SONIA VALHO
City of %Odge
By:torney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
An
Jack Jakosky on behalf of Ramona
Building LLC
'7-
25B-16
MILLS ACTAGREEMENT
118 West Fifth Street
Santa Ana CA 92701
Exhibit A
SANTA ANA CITY LOT 7 BLK 14 ALL -EX E 6 FT- AND ALL -EX E 6 FT- LOT 10 BLK
14 filed in the Office of the County Recorder of Orange County.
Assessor's Parcel Number: 398 - 258-01
-r-
25B-17
MILLSACTAGREEMENT
I18 {Vest Fifth Street
Santa Ana, CA 91701
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should he avoided when
possible.
1 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.
T 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.
R. 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
.y_
25B -18
MILLS ACT AGREEMENT
118 West Fifth Street
Santa Ana, CA 91701
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 -
25B-19
MILLS ACT AGREEMENT
I18 West Fifth Street
Santa Ana, CA 92707
Exhibit C (photographs attached)
25B -20