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HomeMy WebLinkAboutGALLIAN, GEORGE-2016A-2016-326 1_­�p RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa. Ana Attu: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 M 1.SACT'AGREEMENT 327 E. Washington Avenue Santa Aria, CA 92701 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIII1191111j1111111111111111111NO FEEIIII11I11 201600066237411:58 am 12/29116 106 416 Al2 12 0.00 0.00 0.00 0.00 33.00 0.00 0.00 0.00 ip II HISTORIC PROPERTY PRESERVATION AGREEMENT Fr This agreement ("Agreement") is made and entered into this 11/15/2016 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing Pin under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), George Gallion, (hereinafter referred to as "Owners"), owners of real property located at 327 E. Washington Avenue, Santa Ana, California, in the County of Orange and listed on Of - RECITALS the Santa Ana Register of Historical Properties. Gr A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 327 E. Washington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred. to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and lhnnits 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. A-2096-326 MLSACTAGR EKENT 327 E Washington Avenue Santa Ana, Cif 927€1 RECORDING REQUESTED BY: City of Santa Aana. AND WHEN RECORDED MAIL TO: City of Santa Apia Attn: City Clerk 20 Civic Center Playa 1-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION, AGREEMENT This agreement ("Agreement") is rade and entered into this 11/15/2016 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 Califon'ti$ (hereinafter referred to as "City"), Gemrge Gallion, (hereinafter referredto as "Owners"), owners of real property located at 3Z7 E. Washington Avenue, Santa Ana, California, in the County of Orange and listed can. the Santa Anna. Register ofHfistorical Properties - RECITA A. The City Council of the City of Santa Ansa is authorized by California Govenn-nent Code Section 50280 et sect. (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. E. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 327 .E, Washington. Avenue, Santa Ana, CA, 92701 and more p-&- eularly 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 tho requirements of Chapter 30 of the Santa Ana, Municipal Carle. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement whieb defines and lints 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 communit, 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. NIILLSACT AGREEMENT .27E WasbbigtonAvenue Santa Anna, CA 927€1 E. The Owner and the City intend to carry out the purposes of California Oovermnent Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seg., 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 sect.., 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 11115/2016, and shall remain in effect for a terrrli 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 Oovenunent Cade Sections 50280 through 50290 and in Section: 2, below. I 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.heroin. 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 nonrenewat 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 a ual 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 fi-orn receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of notwenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. if either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term thea 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 terra of this Agreement, the Historic; 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, -2- KILLS ACT AGREEMENT 327E. Wavhington Avetaue Santa Attra, CA 92701 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 Guideli>ies for Historic Preservation. Projects. These guidelines are attached hereto, zraarked 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 inooiVorated herein by reference, Owners shall continually maintain the Historic Pr6rperty 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 neer structure, such as walls, fencers or slurubbery, so as to prevent the viewing of the historic landmark by the public. cue The following are prohibited. Demolition of the Historic Property or destruction of character -deeming 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, dilapidatexl or unrepaired structures such as fences, roofs, doors, galls, and windows; storage of J � 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 Departanent 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 provisionns, of this Agreement. 4. Furnisllming of Infonrmation. 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- HILLS ACTAGREEMENT 327 E. WeasizingtonAvenue Srairt a Ana, CA 42701 5. Cancellation. a.. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 54280, 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 paint 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 cancellations fee to the County Auditor as set forth in Government Cade Section 50286. This cancellation. free shall be a percentage (currently set at twelve and one-half (12''/2) percent by Government Code Section 50286) of the cwTent fair market value of the property at the time of the cancellation, as deter -pined 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 that, sixty (60) percent of the origin -at fabric of the structure trust 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 nataral disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition fi-ustrates the purpose of ibis Agreement, this A.greemmt shall be cancelled and no fee imposed, as specified in Government Cade Section 50288. 6. Enfor eenicut 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, render the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified email, and if such a violation is not corrected to the reasonable satisfaction: of die Doputy City Manager for Development Services or designee witfun thirty (30) days thereafter, or if not corrected within such a reasonable tine as may be required to cure the breach or default, or default cannot he cured within thirty (34) clays (provided that acts to cure the breach or default may be commenced within thirty (34) days and shall thcrea.fter 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, fear injut-tedve relief against arty 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 piastre in the event that there is a breach of tlAs Agreement. No waiver by 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. -4- MIL LSACTAGREEMENT 327E. WashingtonAuentie Sairta Aria, CA 92701 7. Biading effect of Agreement. e. The Owners hereby subject the Historic Property, located: at 327 E. Washington Avenue, Assessor Parcel Number, 398-134-15, 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_ f. 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 anal 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 instiument 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. S. 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 ren the account of the restrictions on the use and preset vation of the property. 9. Notice. Any notice rewired 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: George Gallion 327 E: Washington Avenue Santa Aria, CA 92701 M General Provisions. a. None of the teims, 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, -5- MILLS `ACT ` A GREEMEN T 32'7 E. Washingtau Avenue Santo Aran, CA 92701 nor shall such terrors, provisions or conditions cause thein to be consideredjoint ventures or members of any joint enterprise, la. The Owners agree to and shall indemnify and hold the City and its elected and appointee) 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, reservation, and restrictions contained in Us Agreement shall be binding upoa 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 matiner whatsoever. e_ In the event legal proceedings am 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 patty in such proceeding may recover all reasonable attorney's fees to be fixed by the cow t, in addition to court costs and other relief ordered by the: court. is 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 he effected thereby. g. This A:gremnent shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to bo recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No lister than six (6) months of entering into the wntraet, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. -6- MILLS ACT AGREEMENT 327 F- Washhxgton Avetrrce Smato Ana; CA 92701 13. Amendments. This Agreerr cit may be amended, in whole or in part, only by a written recorded instrument executed by the pai des hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. MZAR Clerk of the Council Owner ]Date: Date: APPROVED AS TO FORM- S dIAC V L City A y By: i Storolz "�Ass,istant City Attorney -7- CITE' OF SANTA NA IIE • #��'���=moi ��+ 3 2-3 1 �-OX � ip'P iA1 °1.V, 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 ORANGE County of ---------------- On _ IA WI l Or a R, �01(, before me, JOSE A. VACA, NOTARY PUBLIC ------------ (insert name and title of the officer) personally appeared &e o r3 -e- N +✓ Lr fl rV who proved to me on the basis of satisfactory evidence to be the person(x) whose name(g) is/arc subscribed to the within instrument and acknowledged to me that he/sem/thy executed the same in his/W/tl dir authorized capacity(Les), and that by hislberltbe-ir signature(%) on the instrument the personks), or the entity upon behalf of which the person(* acted, executed the instrument. 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. Signature �( �(` d� (Seal) JOSE A, VACA COMM. # 2003590 Le NOTARY PU®LIC • CALIFORNIA n ORANGE COUN7y Comm. Ex . FEB. 7, 2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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) On December 28, 2016 before me, Maria D. Huizar, Notary Public personally appeared Robert Cortez , who proved to me on the basis of satisfactory evidence to be the person(s) 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA a. HUIZAR COMM. # 2149606 NOTARY PUBLIC OALIFORNiA ORANGE. COUNTY r.19 2020 � My comm. expires Ap CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate ❑ Officers Title(s) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other: WITNESS my hand and official seal. Signature (Seal) SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: NUMBER OF PAGES: DATE OF DOCUMENT SIGNER (S) OTHER THAN NAMED ABOVE: