HomeMy WebLinkAboutBLAKE BAILEY (DENNIS K. McCLELLAN AND STEVEN E. DEGGENDORF)-2016A-2016-360
MIL LAS ACT AGREEMENT
.2435 N. Riverside Dive
}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 (10-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this November 15, 2016 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing ander the Constitution and laws of the of the State of California (hereinafter referred to
as "City:') Bennis K 1kleC% n� and Steven E. Deggendorf, (hereinafter referred to as
"Owners"), owners of real property located at 2435 N. Riverside Drive, Santa Ana, California,
in the County of Orange mrd 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.
& The Owner possess fee title in and to that certain qualified real property together
with associated structures and improvements thereon, located at 2435 N.
Riverside Naive, 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 carried out in an exemplary manner.
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 purl Sec. 439 et seq., Chapter
3 Part 2 of Division 1 of the Califbmia .aa tt«u ecvc uc Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective bate and Ternrs of Agreement.
This Agreement shall be effective and commence on November 15, 2016, 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.
EL 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.
t). 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.
(l. 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 Flistoric Property shall be subject to the following
conditions, requirements and restrictions:
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 rides 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.
C. A view corridor enabling the general public to see the Historic Property from the
public right-of-way sball 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 tmrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. 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
Depaiitneat 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 or 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.
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 hl 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 ofthe 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
time 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 2435 N. Riverside Drive,
Assessor Parcel Number, (J&)2-il _L11, 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 she 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 (NI -30)
Santa Ana, CA 92702
Owners: Dennis K. McClellan and Steven E. Deggendarf
2435 N. Riverside Drive
Santa Aria, CA 42706
10. General Provisions.
ci. 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.
}7. The Owners agree to and shall indemnify and hold the City and its elected anil
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.
,G. 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 iurisdiction, or by subsequent preemptive legislation, the
validity and enforceability of the remaining provisions, or portions thereof, shall not be effected
thereby.
This Agreement shall be construed and governed in accordance with the laws of the State
of California.
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 patties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
w �4— _
MARIA D. HUIZAR
District of Columbia- SS
CITY OF SANTA ANA
Clerk of the Counciloribetl and swom to before me, in my Citi Manager
presenc , tt
a
day of s�wo
Owner _
Richard Habel, Notary Public, D.G.
h,ty rnrr�ip =5lan 9Xf!IrP,3 September a(2, 2017.
Date:
Date:
By:.
L:i1s.M�i oh C;�7i mbii3: 65
'Av of
cAv Of
`u., � 'IE'rCa�� and swom Ko bmfore me, in my presonae,
4 )ennis K.
'T nflrd bleba1, IVo}ary Pu in, D.C. `—
PAycornmluipryexpiresSeptamberap, 017.
APPROVED AS TO FORM:
SOMA CARVALHO
City Attorney
Lisa
Steven E. Deggendorf
RE, COMMENDED FOR APPROVAL:
r
HASSAN HAGHANI
.tl
Executive Director
Assistant City Attorney Planning and Building Agency
Exhibit A
TR 755 LOT 4(LOT 5(LOT 1 FLY 115.88 FT WLY 231.76 FT THEREOF filed in the Office
of the County Recorder of Orange County.
Assessor's Parcel Number: U Z -Q50— iExhibitl3
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 architecttual 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 or time are evidence of the
history and development of it 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.
3. Every reasonable effort shall be made to protect and restive archaeological
resources affected by, or adjacent to any project.
9. ContempoM, 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
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.
_I_
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
} SS.
On December 29, 2016 before me, Teresa M. Ramirez Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Gerardo Mouet
Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity{ies), and that by
his/her/theft signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
```sa
rm `RAMIR
sris� .
Commission # 2024676 T
- Notary Public • California 'D
Orange County ,
M Comm. _ resJ,un 12, 2017 t
Place Notary Seal Above
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signa/tor ':7
f Notar Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Historic Property Preservation Agreement
Document Date: 11/15/2016 Number of Pages: 10
Signer(s) Other Than Named Above: McClellan & Deggendorf
Capacity(ies) Claimed by Signer(s)
Signer's Name: Gerardo Mouet
❑ Individual
❑ Corporate Officer- Title(s):
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
® Other: Acting City Manager
Signer is Representing: City of Santa Ana