HomeMy WebLinkAboutYOUNGBLOOD, GREGORY 1-2003 A-2003-235
MILLS ACT AGREEMENT
405 East Santa Clara Avenue
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 (M-30)
Santa Ana, CA 92702
Recorded in Official Records, County of Orange
Torn Daly, Clerk-Recorder
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FREE RECORDiNG GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this December 1, 2003 by and 1"
between the City of Santa Ana, a charter city and municipal corporation duly organized and 4/
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and Gregory S. and Elizabeth L. Youngbiood, (hereinafter referred to as
"Owners"), owners of real property located at 403 East Santa Clara Avenue, Santa Aha,
California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical
Properties.
RECITALS
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 owners 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 Owners possess fee title in and to that certain qualified real property together
with associated structures and improvements thereon, located at 403 East Santa
Clara Avenue, 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".
The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Aha
Municipal Code.
The City and the property Owners, 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 Owners and for the community; to prevent
inappropriate alterations to the Historic Property and to ensure that repairs,
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Aha, CA 92706
additions, new building, and other changes are appropriate; and to ensure that
rehabilitation and maintenance are carried out in an exemplary manner.
The Owners 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 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 Owners of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on Month,day,year, 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 Owners or the City desire(s) in any year not to renew the Agreement, the
Owners or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior to the
annual renewal date, or served by the City to the Owners 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 Owners 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 Owners of nonmnewal.
d. If either the Owners 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 Historic Property shall be subject to the following
conditions, requirements and restrictions:
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
a. Owners 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 unmpaired 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
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Aha
as may be necessary to determine the Owners' compliance with the terms and provisions of this
Agreement.
4. Furnishing of 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.
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public heating 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/2) pement 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 court, state or federal, for injunctive
relief against any violation by the Owners or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owners 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
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
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 403 East Santa
Clara Avenue, Assessor Parcel Number, 003-071-23, 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 Owners 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 Owners' 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 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 Owners 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:
Gregory S. and Elizabeth L. Youngblood
403 East Santa Clara Avenue
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
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 agrees 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 Owners 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 agrees 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 Owners' 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 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 pa~ty 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 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.
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MILLS A CT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
11. 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 parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
!
'~} C~'Clerk of the Council
City Manager
Owners
Date:
Date:
By: Gregory S. Yo'~ngbiood
Elizabeth L. Young~lood~
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
Kylee O..(~o
Deputy Ci~ Attorney
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County of Orange } SS.
On 0 3 ¢
Date
personally appeared
Name and Title of Offic~ (e.g., "Jane ~, No~ Public")
personally ~own to me
proved to me on the b~is of satishcto~
evidence
to be the person(s) whose nme(s)
subscribed to the within inst~ent ~d
ac~owledged to me ~at ~executed
· e sine in his~eff~eir authorized
capacity(ies), ~d that by
si~ature(s) on ~e instrument ~e person(s), or
the entity upon behalf of which the person(s)
acted, executed the ins~ment.
WITNESS my hand and official seal.
Signature of Norm5, Public
place Notary Seal Above
State of Califomia ~
County of Orange
SS.
Date
personally appeared
Name and Title of Officer (e.g., Jane Doe, Nota~ Public' )
[~ personally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(tO whose name(~ (s/am
subscribed to the within instrument and
acknowledged to me that (h~s~ ....... ~ executed
the same in 1~1~, ......... authorized
capacity(ies-);, and that by (~i_j~s~
signature(s) on the instrmnent the person(r,), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
Exhibit A
Beginning at a point in the center line of Santa Clara Avenue distant thereon 226.78 feet
Westerly from the Southerly extension of the Westerly line of Valencia Street as said street
is shown on the map of Tract No. 390, recorded in Book 15, page 37 of Miscellaneous Maps,
records of Orange County, California, running thence Northerly parallel with said
extended West line of Valencia Street, 25 feet; then Northerly 150 feet to a point which is
224.35 Westerly from said extended West line of Valencia Street and 175 feet North of the
centerline of Santa Clara Avenue; thence Westerly parallel with said centerline of Santa
Clara Avenue to the Southerly extension of the Easterly line of French Street as shown on
said map of Tract 390; thence Southerly along the extension of said Easterly line of French
Street, 175 feet to the center line of Santa Clara Avenue, thence Easterly along said
centerline to the point of beginning.
EXCEPTING therefrom the portion included within Santa Clara Avenue.
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MILLS A CT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
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.
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 be avoided when
possible.
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.
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.
Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
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.
Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
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
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10.
MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
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.
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Exhibit C (photographs attached)
MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
403 East Santa Clara Avenue
Santa Ana, CA 92706
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