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HomeMy WebLinkAbout25C - 1407 N. TOWNER ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 20, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-09 FOR THE PROPERTY LOCATED AT 1407 NORTH TOWNER STREET J (ld;a. CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For 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 Carlos D. and Brandie L. Nava, property owners, for the structure located at 1407 North Towner 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 Carlos D. and Brandie L. Nava, property owners, for the structure located at 1407 North Towner Street at its December 2, 2004 meeting by a vote of 6:0 (Bustamante, Gartner, O'Callaghan absent) . DISCUSSION After the public hearing on December 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. 25C-1 HPP Agreement No. 2004-09 December 20, 2004 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $63.29 to $316.42 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~tt;. Ste en G. Har ing Executive Director Planning & Building Agency l!urk t ~c;/ ~, Rod R. Coloma Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\HPPA04-09_1407_N_Towner.cc 25C-2 REQUEST FOR Historic Resources Commission Action ~ ~ HSTORIC RESOURCES COM\IIISSION SECRETARY HSTORICRESOURCESCOPIMISSIONM~ DATE: DECEMBER 2, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-09 FOR THE PROPERTY LOCATED AT 1407 NORTH TOWNER STREET APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske 7l/ ~~ve Director RECOMMENDED ACTION &-- Planning Manager 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 Carlos D. and Brandie L. Nava, property owners, for the structure located at 1407 North Towner Street. DISCUSSION Request of Applicants The applicants, Carlos D. and Brandie L. Nava, property owners, the approval of Historic Property Preservation Agreement No. (Mills Act) between the property owner and the City of Santa Ana. request 2004-09 Property Description The subj ect property includes a one and a detached, single-car garage located at 1407 wi thin the Washington Square neighborhood. residential. half -story residence and a North Towner Street and is Surrounding land uses are 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 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. EXHIBIT A 25C-3 HPPA No. 2004-09 December 2, 2004 Page 2 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 Contributive in November 2003 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 Colonial Revival styled 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 inappropriate alterations to the historic property. 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. 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 ~ HS:JM hs\historic info\mills act agreements\1407_N_Towner\hppa04-09.hrc 25C-4 EXECUTIVE SUMMARY SANBORN HOUSE 1407 North Towner Street Santa Ana, CA 92706 NAME Sanborn House I REF. NO. ADDRESS 1407 North Towner Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1941 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD I Washington Square NATIONAL REGISTER CRITERIA FOR EV ALUA TION Ic NATIONAL REGISTER STATUS CODE jSSl Location: D Not for Publication IZI Unrestricted o Prehistoric IZI Historic D Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Sanborn House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, as a building with the "distinguishing characteristics of an architectural style or period," the Colonial Revival. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and is a "good example of period architecture" as a highly intact example of a Colonial Revival home from the pre Wodd War II period (Municipal Code Section 30-2.2)." EXPLANATION OF CODES: . National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. . National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S! Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. EXHIBIT 1 2SC~~ State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code page....L of ..L P1. Other Identifier: *P2. Location: DNot for Publication _Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim TCA 0054 Date: *c. Address: 1407 North Towner Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 405-301-05 TR 1064 Lot B (Lot 7 N 15Ft Thereof Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Sanborn House Date *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Colonial Revival home evokes a popularly held image of the typical American home in the years just prior to World War II. Side-gabled, the building is sheathed with wide clapboard. Two front-gabled dormers, each containing a small, six-over-six, double-hung sash window, face the street. The fenestration divides the fa(}ade into four bays, three consisting of six-over-six double-hung sash windows adorned with shutters and one occupied by the entry. Framed by a slender classical surround, the entry is flanked by sidelights. A red brick chimney is attached to the south elevation. The front yard is surrounded by a white picket fence, with an arched wooden arbor over the gate. A front-gabled garage is located in the rear of the property. The house appears to be virtually unaltered, except for the substitution of composition roofing for wood shingles. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite DDistrict DElement of District DOther P5a. Photo P5b. Photo: (view and date) West elevation May 2003 *P6. Date Constructed/Age and Sources: _historic 1941/ Source: City of Santa Ana Building Permits *P7. Owner and Address: Caarlos D and Brandie L Nava 1407 North Towner Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: August 29, 2003 *P10. Survey Type: Intensive SUNey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *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 D Other (list) DPR 523A (1/95) .Required information Page20f4 25C-6 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD page....L of ....L *NRHP Status Code 5S1 *Resource Name or #: Sanborn House 81. Historic Name: Sanborn House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family Residence *85. Architectural Style: Colonial Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1941. February 11, 1941. 7 room frame and stucco residence and garage. May 21, 2001. Apply composition over one layer wood shingles and one layer composition. *87. Moved? _No DYes Dl,Inknown Date: *88. Related Features: Original Location: Garage. 89a. Architect: Unknown b. 8uilder: Emmet C. Rogers *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Sanborn House is architecturally significant as a good example of the Colonial Revival style as it was interpreted in the period just prior to World War II. It was constructed in 1941 at a cost of $6, 000 for Carl D. and Louise M. Sanborn. Listed as a salesman for the Weber Baking Company in the 1941 city directory, Mr. Sanborn had gone into business for himself by 1945 as a partner in the Main Market located at 320 South Main Street. The house was constructed by Emmet C. Rogers, who built several homes during the 1940s on Towner Street. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) Sketch ~~ .,-~ -, 813. Remarks: (This space reserved for official comments.) 1 : I ! I I l I " ! ;:) ."-."',-, *814. Evaluator: Leslie J. Heumann ,::: *Date of Evaluation: August 29, 2003 (Y:~ D ..' ,~ '~I r-- r':) l~~~ (0) >~ (;;\ \_.) 8d:..' . . ;";:, ^....~ t ~;~ .~~) f,'.~,~, Sanborn House 1407 North Towner Street DPR 5236 (1/95) *Required information 2se::14 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ...L of...L Resource Name or # (Assigned by recorder) Sanborn House *Recorded by Leslie J. Heumann, SAIC *Date August 29, 2003 1RI Continuation 0 Update *810. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Sanborn House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War /I. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride, " Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Sanbom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." The distinguishing features of Colonial Revival houses of the period just prior to World War /I include symmetrical or highly regular facades, side-gabled roofs, often with dormers, shuttered double-hung sash windows, classically enframed entries, and a materials palette of clapboard, wood and brick, often rendered in the colors of white, dark green and brick red. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and is a "good example of period architecture" as a highly intact example of a Colonial Revival home from the pre World War /I period. Character defining exterior features of the Sanborn House that should be preserved include, but may not be limited to: materials and finishes (wood, clapboard, brick); roof configuration and treatment; massing and composition; doors and windows; front stoop; garage; architectural detailing (window surrounds, shutters); and chimney. *812. References (continued): Harris, Cyril M. American Architecture: An /IIustrated EncvcloDedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An /IIustrated 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 1995. Santa Ana and Orange County Directories, 1905-1945. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. CPR 523L 25C~fr MILLS ACT AGREEMENT 1407 North Towner Street 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 FREE RECORDING GOVERNMENT CODE 96103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 19, 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 Carlos D. and Brandie L. Nava, (hereinafter referred to as "Owners"), owners of real property located at 1407 North Towner Street, Santa Ana, California, 92706 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 1407 North Towner Street, 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". 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 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 2 - 1 - 25C-9 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 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 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 December 19, 2004, and shall remain in effect for a term often (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 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 of nonrenewal, the Owner may file a written protest of City's decision ofnonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal. 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- 25C-1 0 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 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 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. 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 ofthe 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. 5. Cancellation. - 3 - 25C-11 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 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 if it 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 ~) 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 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- 25C-12 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1407 North Towner Street, Assessor Parcel Number, 405-301-05, 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 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: Carlos D. and Brandie L. N ava 1407 North Towner Street Santa Ana, CA 92706 - 5 - 25C-13 MILLS ACT AGREEMENT 1407 North Towner Street 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 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- 25C-14 MILLS ACT AGREEMENT 1407 North Towner Street 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. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owners Date: By: Carlos D. N ava Date: By: Brandie L. Nava APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Deputy City Attorney - 7 - 25C-15 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 Exhibit A Parcell: Lot 8 of Tract No. 1064 as per map recorded in Book 34, page 27 of Miscellaneous Maps, Records of said Orange County, California Parcel 2: Lot 7 of Tract No 1064 as per map recorded in Book 34, page 27 of Miscellaneous Maps, records of said Orange County, California, excepting therefrom the South 45 fee thereof. Assessor Parcel No. 405-081-05 - 8 - 25C-16 MILLS ACT AGREEMENT 1407 North Towner Street 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: 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- 25C-17 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 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 of the structure would be unimpaired. - 10 - 25C-18 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 Exhibit C (photographs attached) o Front (west) elevation (note dormers, classical surround and sidelights at front door) -11111 8 Front elevation with six over six double hung windows - 11 - 25C-19 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 . Front of the detached garage; note brick chimney in the foreground (south side of the house) - 12 - 25C-20 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 - 13- 25C-21 MILLS ACT AGREEMENT 1407 North Towner Street Santa Ana, CA 92706 - 14 - 25C-22 D- c:( :E z o - ~ c:( o o -I o ~ o :E: D- ~ W Z ~ o ~ :E: ~ ~ o Z t-- o llIl:t ~ Co ~ 0) C\I ...... --------------------- . e I . I e . I l- e . 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