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NEWQUIST, BRIAN & KRYSTLE
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Last modified
11/15/2024 1:23:56 PM
Creation date
12/21/2023 1:41:04 PM
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Contracts
Company Name
NEWQUIST, BRIAN & KRYSTLE
Contract #
A-2023-067
Agency
Planning & Building
Council Approval Date
4/18/2023
Notes
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MILLS ACT AGREEMENT <br /> 2311 North Benton Way <br /> Santa Ana, CA 92706 <br /> E. Owner and City intend to carry out the purposes of California Government Code, <br /> Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which <br /> will enable the Historic Property to qualify for an assessment of valuation as a <br /> restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 <br /> Part 2 of Division 1 of the California Tax and Revenue Code. <br /> NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property <br /> agree as follows: <br /> 1. Effective Date and Terms of Agreement. <br /> This Agreement shall be effective and commence on April 19, 2023, and shall remain in <br /> effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective <br /> date of this Agreement, such initial term will automatically be extended as provided in California <br /> Government Code Sections 50280 through 50290 and in Section 2, below. <br /> 2. Renewal. <br /> a. Each year on the anniversary of the effective date of this Agreement, a year shall <br /> automatically be added to the initial ten (10) year term of this Agreement unless written notice of <br /> nonrenewal is served as provided herein. <br /> b. If the Owner or the City desire(s) in any year not to renew the Agreement, the <br /> Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. <br /> Unless such notice is served by the Owner to the City at least ninety (90)days prior to the annual <br /> renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual <br /> renewal date, one (1) year shall automatically be added to the term of the Agreement as provided <br /> herein. <br /> c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a <br /> written protest of City's decision of nonrenewal. The City may, at any time prior to the annual <br /> renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. <br /> d. If either the Owner or the City serves notice to the other of nonrenewal in any <br /> year, the Agreement shall remain in effect for the balance of the term then remaining, either from <br /> its original execution or from the last renewal of the Agreement, whichever may apply. <br /> 3. Standards and Conditions for Historic Property. <br /> During the term of this Agreement, the Historic Property shall be subject to the following <br /> conditions, requirements and restrictions: <br /> a. Owner shall maintain the Historic Property in a good state of repair and shall <br /> preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- <br /> defining features described in the "Historical Property Description" attached hereto, marked as <br /> Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, <br /> organization of windows, doors, and other openings, textures, details, mass, roof line, porch and <br /> other aspects of the appearance of the exterior to the satisfaction of the City. <br /> -2- <br />
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