HomeMy WebLinkAboutSANTA ANA HISTORICAL PRESERVATION SOCIETY (8)AGREEMENT FOR THE RELOCATION,
RESTORATION AND OPERATION OF
THE DR. HOWE - WAFFLE HOUSE
AND CARRIAGE HOUSE BETWEEN THE
SANTA ANA HISTORICAL PRESERVATION SOCIETY
AND THE
CITY OF SANTA ANA
THIS AGREEMENT is entered into this 2nd day of
January , 1975, at Santa Ana, California, between
the City of Santa Ana, a chartered municipal corporation, herein-
after referred to as "CITY", and the Santa Ana Historical Pre-
servation Society, a non-profit corporation of the State of
California referred to as "SOCIETY".
R E C I T A L S
1. CITY has scheduled construction to widen Civic Center
Drive. Such construction will necessitate the removal of the
historical Dr. Howe - Waffle House and Carriage House located
at the northwest corner of Bush and Seventh Street, hereinafter
"Waffle House" and "Carriage House".
2. The Board of Supervisors, County of Orange, hereinafter
"COUNTY", has donated a site to be leased to the City at the
southeast corner of Civic Center Drive and Sycamore in the
proposed Heritage Square for the relocation of said Waffle
House, and the Carriage House.
3. SOCIETY wishes to lease, restore, preserve and operate
said Waffle House and Carriage House as an historical landmark
to be open to the general public for visitation.
4. CITY desires to have situated in Santa Ana an historical
monument preserved and restored for visitation and enjoyment
by the general public.
AGREEMENT
In consideration of the promises herein contained, it
is agreed by and between the parties hereto as follows:
1. CITY agrees to lease to SOCIETY certain structures
known as the Dr. Howe - Waffle House and the Carriage House.
The written lease of said premises is attached hereto as Exhibit
A and is incorporated by reference as though fully set .forth.
2. CITY agrees to undertake the relocation of the
Waffle House and Carriage House which shall consist only of
the physical moving and placement on blocks of said structures
on the aforementioned County owned, City leased property.
3. CITY agrees to finance the relocation of the Waffle
House in an amount not to exceed twelve thousand dollars ($12,000).
Any excess costs over this amount incurred in the move will be
paid by SOCIETY.
4. SOCIETY shall be responsible for the cost of relocat-
ing the Carriage House and to that end has executed a cash bond
agreement in the amount of two thousand two hundred dollars
($2,200), any funds not so expended for said relocation shall
be returned to SOCIETY.
5. CITY agrees to provide a fund of three thousand dollars
($3,000) for preparation of the Waffle House site. Said
preparation shall consist of removal of asphalt only. No
foundation shall be laid.
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6.
SOCIETY shall
provide for building
maintenance and
custodial
services for
the Waffle House and
Carriage House.
7. SOCIETY shall provide for payment of utilities including
gas, electricity, water and waste disposal.
8. CITY shall provide Fire and Extended Coverage Insurance
for said Waffle House and Carriage House under the City's.
blanket policy. SOCIETY shall hold CITY harmless for all
liability of any kind whatsoever beyond the limits of or not
included within said policies of insurance. Except for the
named coverages, SOCIETY shall hold the City harmless from all
liability and claims for damages by reason of any injury to person
or persons or property of.any kind whatsoever and to whomever
belonging from any cause or causes whatsoever lying in, upon,
or in any way connected with the leased premises, or during the
term of this lease or any extension thereof or any occupancy
hereunder. Furthermore SOCIETY covenants to inform CITY of any
and all injuries which may result to any person on said premises.
9. Upon receiving possession of the Waffle Iiouse and
Carriage House, SOCIETY shall begin a fund raising program
for restoration of the Waffle House and Carriage House. All
funds so collected shall be devoted to that use.
10. SOCIETY agrees to make the following restorations as
soon as the Waffle House and Carriage House are relocated;
1. Remove the blocks and place the Waffle House and
Carriage House on their foundations.
2. Building shall be brought up to the applicable Building,
Safety and Fire Codes of the City of Santa Ana.
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3. Scrape and wire -brush exterior paint and paint the
exterior of the Waffle House and the Carriage House.
4. Renovate and redecorate the downstairs portion of the
Waffle House.
11. SOCIETY agrees to complete the aforementioned restoration
by July 1, 1976. In the event said restoration is not completed
by said date or SOCIETY is unable to show evidence of sufficient
funds being available to complete the restoration within a
reasonable period of time, SOCIETY will pay the costs of demolition
of the Waffle House and Carriage House.
12. By December 1, 1984, SOCIETY shall complete all
restorations of the Waffle House and the Carriage House.
13. SOCIETY agrees to staff and operate the Waffle House
for the duration of the term of the lease.
14. SOCIETY may charge an admission fee for viewing
said Waffle House and Carriage House. Said fee and the hours
open for visitation shall be subject to prior approval of
the City Manager of the City of Santa Ana.
This agreement may only be modified by written agreement
subscribed to by all parties in interest.
This agreement shall not be assignable nor shall the
buildings or any portion of said buildings be sublet without
the written consent of the City Manager of the City of Santa
Ana.
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ATTEST:
6044ERK OF THE COUNCIL
APP �D AS TO F
JAMES A. WITHERS
City Attorney
V
MAYOR
i
BETTY BINE , President
Santa Ana istorical Preservation
Society, a non-profit corporation
of the S e of Califor
ADELINE WALKER, Corresponding
Secretary, Santa Ana Historical
Preservation Society , a non-profit
corporation of the State of California
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LEASE AGREEMENT FOR
THE DR. HOWE - WAFFLE HOUSE
AND
CARRIAGE HOUSE BETWEEN THE
SANTA ANA HISTORICAL PRESERVATION
SOCIETY AND THE CITY OF SANTA ANA
THIS AGREEMENT made this 2nd day of January ,
1975, by and between the City of Santa Ana, a chartered
municipal corporation, hereinafter referred to as "CITY"
and the Santa Ana Historical Preservation Society, a non-profit
corporation of the State of California, hereinafter referred
to as "SOCIETY"
R E C I T A L S
1. CITY has scheduled construction to widen Civic
Center Drive. Such construction will necessitate the removal
of the historical Dr. Howe - Waffle House and Carriage House
located at the northwest corner of Bush and Seventh Street,
hereinafter "Waffle House" and "Carriage House".
2. The Board of Supervisors, County of Orange, herein-
after "COUNTY", has donated a site to be leased to the City
at the southeast corner of Civic Center Drive and Sycamore
in the proposed Heritage Square for the relocation by CITY of
said Waffle House, and the relocation by SOCIETY of the Carriage
House.
3. SOCIETY wishes to lease, restore, preserve and
operate said Waffle House and Carriage House as an historical
landmark to be open to the general public for visitation.
4. CITY desires to have situated in Santa Ana an
historical monument preserved and restored for visitation
and enjoyment by the general public.
In consideration of the following covenants and
conditions, it is agreed:
1. CITY agrees to lease to SOCIETY certain structure
known as the Dr. Willella Howe - Waffle House and the Carriage
House and further agrees to sub -lease to SOCIETY for use as
a site for said structure that certain property leased by
the CITY from the County of Orange located at the southeast
corner of the proposed Civic Center Drive and Sycamore
Street, Lots 7 and 10, in the town of Santa Ana, City of
Santa Ana, County of Orange, State of California, excluding
the southerly 45 feet thereof, and all portions lying within
the public street area.
2. The term of this lease shall be for a period
of twenty (20) years, hereinafter called the lease term.
The lease term shall commence December 31 , 1974, and
continue until December 31 , 1994. At the completion
of said 20-year term, this lease agreement shall automatically
become a one (1) year periodic tenancy, unless either
party terminate said agreement by written notification
-2-
six months prior to termination.
3. SOCIETY agrees to and shall pay to CITY at 20
Civic Center Plaza, Santa Ana, California, 92701, or at
such other place as CITY shall from time to time in writing
designate as rent for the leased premises, the total sum
of One ($1.00) Dollar annually payable on the first of
each year, commencing January 1, 1975.
4. CITY shall provide Fire and Extended Coverage
Insurance for said Waffle House and Carriage House under
the City's blanket policy. SOCIETY shall hold CITY harmless
for all liability of any kind whatsoever beyond the limits
of or not included in said policies of insurance. Except
for the named coverages, SOCIETY shall hold the CITY harmless
from all liability and claims for damages by reason of any injury
to person or persons or property of any kind whatsoever and
to whomever belonging, from any cause or causes whatsoever lying
in, upon, or in any way connected with the lease premises, or
during the term of this lease or any extension hereof or any
occupancy hereunder. Furthermore, SOCIETY covenants to inform
CITY of any and all injuries which may result to any person on
said premises.
5. SOCIETY promises not to assign or sublet the premises
described in the lease, or any interest therein, or any part thereof,
or any right or privilege appurtenant thereto, or suffer any other
person to occupy or use said premises, without the express written
consent of the CITY.
6. The agents and employees of CITY shall have
the right to enter upon said premises at all reasonable
-3-
times to maintain and inspect the same to make such repairs
and render maintenance as the CITY may reasonably require.
7. In the event SOCIETY has not completed the initial
restoration included in the restoration agreement dated
January 2, 1975 , CITY shall have the right to cancel
this lease and re-enter the premises.
8. Upon termination of this lease, SOCIETY shall
peacefully and quietly leave, surrender, and yield to CITY
the leased premises in as good a condition as is reasonable
9. In the event CITY is required to commence legal
proceedings to enforce the terms and conditions of this
lease, or to recover possession of said premises, SOCIETY
shall pay all costs in connection therewith, including,
but not limited to reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed
lease
JAMES A. WITHERS,
CITY ATTORNEY
ATTEST:
Florence I. Malone,
Clerk of the Council
CIT1�-., _ ANTA ANA a municipal
c r rati on
vernon �j. tvans, mayor
20 Civic Center Plaza
Santa Ana, California 92701
SANTA ANA HISTORICAL PRESERVATION
SOCIETY, anon -profit
By
By
-4-
eline Walker,
Secretary
es�rdent
orresponding