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Home My WebLink About25F - 624 SOUTH BIRCH REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 4, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-03 FOR THE PROPERTY LOCATED AT 624 SOUTH BIRCH STREET APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ~ t2.at2 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000, for the structure located at 624 South Birch Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000, for the structure located at 624 South Birch Street at its September 2, 2004 meeting by a vote of 8:0 (Gartner absent). DISCUSSION After the public hearing on September 2, 2004, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25F-1 HPP Agreement No. 2004-03 October 4, 2004 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $35.59 to $178.88 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Iff ~I~ ,.) /1-,. )IIX . Ste en G. 'Har ng Executive Director Planning & Building Agency a irector Management Services Agency HS:rb hs\historic info\mills act agreements\hppa04-04_624_S_Birch,cc 25F-2 - REQUEST FOR Historic Resources Commission Action ,~ &n--=.:--~ ~ HISTORIC RESOURCES COMMISSI()f\,I SECRETARY HISTORIC RESOURCES COMMISSI()f\,I MEEl"N; DATE: SEPTEMBER 2, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-03 FOR THE PROPERTY LOCATED AT 624 SOUTH BIRCH STREET APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske 4zLIM Executivi Director ~~ Planning Manager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000, for the structure located at 624 South Birch Street. DISCUSSION Request of Applicant The applicant, James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000, request the approval of Historic Property Preservation Agreement No. 2004-03 (Mills Act) between the Johnson Family Trust and the City of Santa Ana. Property Description The subj ect property includes a single story residence and a detached, one-car garage located at 624 South Birch Street and is within the Heninger Park neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate EXHIBIT A 25F-3 HPPA No. 2004-03 September 2, 2004 Page 2 the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in May 2004 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this craftsman structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages property. inappropriate alterations to the historic 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. 25F-4 HPPA No. 2004-03 September 2, 2004 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~ Assistant Planner II ~~ Maya De sa Senlor lanner HS:JM hs\historic info\mills act agreements\hppa04-04_624_S_Birch,hrc 25F-5 EXECUTIVE SUMMARY ARMSTRONG HOUSE 624 South Birch Street Santa Ana, CA 92701 NAME Armstrong House I REF, NO. ADDRESS 624 South Birch Street CITY Santa Ana ZIP 192701 I ORANGE COUNTY YEAR BUlL T 1912 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD I Heninger Park CALIFORNIA REGISTER CRITERIA FOR EV ALVA TION 13 CALIFORNIA REGISTER STATUS CODE 15S1 Location: D Not for Publication [gJ Umestricted D Prehistoric [gJ Historic D Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Armstrong House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as a very intact and nicely detailed example of a one-story, Craftsman bungalow (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual ro erty that is listed or desi ated locall . EXHIBIT 1 P75F-6 Primary # HRI# State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Armstrong House Date Page -L of ...;L P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad Tustin TCA 2555 Date: *c. Address 624 South Birch Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 010-151-58; HENINGERS 2ND ADD LOT:12 BLOCK: IE 118,67 FT *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Distinctive detailing and a high degree of integrity characterize the appearance of this one-story Craftsman bungalow. Capped by a cross-gabled roof, the house is sheathed with narrow clapboard below the gable ends, which are clad with shingles laid in courses of varying heights, Roof detailing includes extended bargeboards and carved braces and the gable ends contain latticework vents and centered attic windows. A row of purlins marks the transition from the front gable face to the beam that spans the front porch. Supported by tapered posts set on clapboard pedestals, the beam is carved into a series of three pointed arches, A vertical slat railing fills the spaces between the pedestals. Newer wrought iron railings have been added to the five concrete steps leading up to the porch. The entry, a handsome oak door pierced by a large oval window, is slightly offset to the left (south) of center. It is flanked by large fixed windows banded by upper sash that are divided by muntins arranged in a pointed arch pattern. All of the openings are topped by slightly extended lintels with angled edges, Attractively landscaped, the house is substantially unaltered, *P3b. Resource Attributes: (list attributes and codes) HP2, Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District -Element of District DOther P5a, Photo ~ ~ i'. P5b. Photo: (view and date) East and south elevations March 2004 *P6. Date ConstructedlAge and Sources: -historic 1912/Source: Marsh, 1986, *P7. Owner and Address: James A. Johnson 624 South Birch Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S, Raymond Ave, # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Dianne Marsh& the Heninger Park Neighborhood Association. Heninaer Park Neiahborhood Survev. 1986, *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25F ~~ *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page --L of....L *CHR Status Code 5S1 *Resource Name or #: Armstrong House 81. Historic Name: Armstrong House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family Residence *85. Architectural Style: Bungalow/Craftsman *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1912. December 3, 1930, Reroof. September 3, 1935, Reroof. March 3, 1986, Notice and Order, demo garage, April 11, 1986 and May 1, 1986, Repairs per Notice and Order, August 3, 1994. Reroof, house only, compostion over wood shingle, Z'd layer, February 16, 1999, Convert existing closet into bathroom. *87. Moved? .No DYes DUnknown Date: Original Location: *88. Related Features: None, 89a. Architect: Unknown b, 8uilder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Armstrong House is architecturally significant as a highly intact and nicely detailed example of a one-story Craftsman bungalow, According to previous research, it was constructed in 1912 and was originally owned by Alex and Sarah Armstrong (Marsh, 1986). Initially associated with the McKean Realty Company, Mr, Armstrong subsequently retired; the couple occupied the house until 1922, (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) (This space reserved for official comments.) Sketch Map ......... 8 (0 0 i 071 i 0AOO. '0' ... - i RlCH.ANJ .JI 813, Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22,2004 Armstrong House 624 South Birch Street DPR 5238 (1/95) *Required information Z5F ~8 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page -L of-L *Recorded by Leslie J. Heumann, SAIC Trinomial Resource Name or # (Assigned by recorder) Armstrong House *Date March 22, 2004 [g] Continuation 0 Update *810. Significance (continued): The Armstrong House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use, The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest comer of Palm and West Walnut. Brothers H, B, and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907, The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a bar/ey field, Later they bought additional tracts of ten and eighteen acres which they also platted and improved, These properties were known as Heninger Additions Numbers 1, 2, 3, and 4, In 1921, Orange County historian Samuel Armor described the Heninger tracts as ".., the finest residence section of the city, built up with fine homes,.,," adding, "Mr, [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p, 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets, The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees, Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes, After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first) The Armstrong House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics of the Craftsman style, Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as a very intact and nicely detailed example of a one-story, Craftsman bungalow, The treatment of the porch beams, echoed by the pattern of the window muntins, the subtle variations in the siding, accented by pur/ins, and the incorporation of typical Craftsman elements such as tapered posts and exposed braces distinguish this modest home, Character-defining exterior features of the Armstrong House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; and architectural details (such as the beams, braces, and purlins), *812. References (continued): Harris, Cyril M American Architecture: An Illustrated EncvcloDedia. New York, WW Norton, 1998. Marsh, Diann, Santa Ana. An Illustrated Historv, Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A Knopf, 1984. National Register Bulletin 16A "How to Complete the National Register Registration Form," Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991, Office of Historic Preservation, "Instructions for Recording Historical Resources," Sacramento: March 1 995. Whiff en, Marcus, American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935, Armor, Samuel, Historv of Oranae Countv. Los Angeles: History Record Company, 1921, DPR 523L 25~:~f4 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 FREE RECORDING GOVERNMENT CODE 96103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this October 4, 2004 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 California (hereinafter referred to as "City"), and James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000, (hereinafter referred to as "Owner"), owner of real property located at 624 South Birch Street, Santa Ana, California, 92701 in the County of Orange and 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 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. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 624 South Birch Street, 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 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 EXHIBIT 2 - 1 - 25F-10 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 ofthe 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 October 4, 2004, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary ofthe 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 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 ofnonrenewal, 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. 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 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: - 2 - 25F-11 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 ofthe appearance of the exterior to the satisfaction ofthe 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. Owner 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 Owner 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 unrepaired 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. Owner 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 Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees 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 - 25F-12 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 ifit determines that the Owner has 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 Owner has 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 Owner 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 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 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 Owner, the City shall give written notice to the Owner 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 Owner), 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 Owner 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 - 4 - 25F-13 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 Owner hereby subjects the Historic Property, located at 624 South Birch Street, Assessor Parcel Number, 010-151-15, 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. 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. Owner 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 on the account of the restrictions on the use and preservation ofthe 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 Owner: James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000 624 South Birch Street Santa Ana, CA 92701 - 5 - 25F-14 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 Owner 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 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 Owner 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 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, 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 provlSlons 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. - 6 - 25F-15 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager JOHNSON FAMILY TRUST DATED SEPTEMBER 28, 2000 Date: James A. Johnson, Trustee Date: Corrie E. Johnson, Trustee - 7 - 25F-16 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Deputy City Attorney Exhibit A The East 118 feet 8 inches of Lot 12, Block I, Heninger's Second Addition to the city of Santa Ana, as per map recorded in book 8, page 25 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 010-151-15 - 8 - 25F-17 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary ofthe 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 architectural 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 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. 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. 7. 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. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. 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 - 9 - 25F-18 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 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 ofthe structure would be unimpaired. - IO- 25F-19 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 Exhibit C (photographs attached) 8 East elevation; note original oak front door and clapboard sheathing - 11 - 25F-20 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 e Rear (west) elevation; note window trim and decorative shingling - 12 - 25F-21 MILLS ACT AGREEMENT 624 South Birch Street Santa Ana, CA 92701 41( ~ .~ - 13 - 25F-22 624 SOUTH BIRCH STREET PHOTO LOCATION MAP t NORTH 1- · - · - · - · - · ~ - · - · - · - · - · - · - . 1 . 1 . 1 . 1 . @ 1 DRIVEWAY . 1 ~ . <ID ~CD 1 -.-.-.-.-.-.-.-.---.---.- RICHLAND STREET 25F-23 BIRCH ST 25F-24