HomeMy WebLinkAboutMALDONADO, JAMES & ARGO, BRENT 1 - 2005
A-2005-273 V1\
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
'"1111111111111111111111111111111111111111111111111/1111 11111111111111111' NO FEE
2005000989326 03:39pm 12/12/05
10651 A12 14
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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
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This agreement ("Agreement") is made and entered into this November 21, 2005 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 Brent Argo and James Maldonado, (hereinafter referred to as "Owner"),
owners of real property located at 2421 North Oakmont Avenue, 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 2421
North Oakmont 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".
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.
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MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter I, Part 5 of Division I 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 I 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 November 21, 2005, 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 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 (I) 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 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:
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MILLS ACT AGREEMENT
2421 North Oakmont Avenue
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 Proj ects. 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 frorn 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: Dernolition 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 fumish 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
2421 North Oakmont Avenue
Santa Ana, CA 92706
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 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 Yz) 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
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MILLS ACT AGREEMENT
2421 North Oakmont 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 Owner hereby subjects the Historic Property, located at 2421 North
Oakmont Avenue, Assessor Parcel Number, 003-091-19, 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 subj ect 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
Owner:
Brent Argo and James Maldonado
2421 North Oakmont Avenue
Santa Ana, CA 92706
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MILLS ACT A GREEMENT
2421 North Oakmont 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 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 reslrictIons
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.
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MILLS ACT AGREEMENT
2421 North Oakmont 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 ofthe 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 ofthis Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrJIment executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST,',:' /'
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J~<A~~N
PATRICIA E. HEA'tY U
Clerkofthe Council
Date:
BY.~~
Bren Argo
Byf);';:!~ b L--
mes Maldonado
Property Owners:
Date: /61/1/0 ')
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O.
Assist
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State of California
County of Orange } SS.
On
IDIIl/OS
.
\n'~Esser
before me, Ca.fFRi'A ~'le18Ha8iZ. Notary Public
Date
.
Name and Title of Officer (e.g., "Jane Doe. Notary Public")
personally appeared Brent Argo
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
()M~ Ar ~
Signature { lary Pub u:
P\ace Notary Seal Aoove
State of California
County of Orange
On
TY1u.-.~
, before me, CanReA )4:@leRQe7. Notary Public.
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared James Maldonado
Nume(s)ofSigner<)l
. A.EIIEIl
CommlulM# 1404946
NoIary I'UIlIc . c_
Omnge County
Ml'eomm.ExpRo Mar 11. 2007
o personally known to me
i:8l proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
P1ace Nutury Seal Ahwe
WITNESS my hand and official seal.
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MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit A
Lot 2, Block B of Tract No 378, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 16, Page 4, of Miscellaneous Maps, in the office of
the County Recorder of said County.
Assessor Parcel No. 003-0891-19
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MILLS ACT AGREEMENT
2421 North Oakmont 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:
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
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MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
size, scale, color, rnaterial 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.
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MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit C (photographs attached)
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- 11 -
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
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REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
NOVEMBER 21. 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-11 FOR THE
PROPERTY LOCATED AT 2421 NORTH
OAKMONT AVENUE
CLERK OF COUNCIL USE ONLY:
aA r2~.
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2"' Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
--
FILE NUMBER
A-2005-273
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Brent Argo and
James Maldonado for the structure located at 2421 North Oakmont Avenue.
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 Brent Argo and James Maldonado for the structure located
at 2421 North Oakmont Avenue at its November 3, 2005 meeting by a vote of
9:0.
DISCUSSION
After the public hearing on November 3, 2005, 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.
HPP Agreement No. 2005-11
November 21, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $13.02 to $65.11 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
~vino
utlve Dlrector
Planning & Building Agency
'::{.\\s-.%~."".. ':' \\ ~:O"'
Francisco Gutierrez
Executive Director
Finance & Management
Services Age~~
HS:rb
hS\historic info\mills act agreements\hppaOS-11-2421_N_Oakmont.cc
REQUEST FOR
Historic Resources Commission Action
~
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HSTORICRESOURCES COfA\ESIOI. MEEmIG DATE:
NOVEMBER 3. 2005
HSTORIC RESOlRCESCONMSSIOI. SECRE'1'JlRf
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-11 FOR THE PROPERTY
LOCATED AT 2421 NORTH OAKMONT AVENUE
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
Executive Director
~ ~gtn--
Planning ana r
ENDED 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 Brent Argo and James Maldonado for the structure located
at 2421 North Oakmont Avenue.
DISCUSSION
Request of Applicant
The applicants, Brent Argo and James Maldonado, request the approval of
Historic Property Preservation Agreement No. 2005-11 (Mills Act) between
the applicant and the City of Santa Ana.
Property Description
The subject property includes a single story residence and a detached
two-car garage located at 2421 North Oakmont Avenue, and is within the
Floral 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
the property as necessary to maintain its character and appearance.
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
HPPA No. 2005-11
November 3, 2005
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 subj ect property was placed on the local register and
categorized as Key in March 2004 by the Historic Resources Commission
(Exhibi t 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 Italian Renaissance 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\hppaOS-11-2421_N_oakmont.hrc
EXECUTIVE SUMMARY
R. R. ROSS HOUSE
2421 North Oakmont Avenue
Santa Ana, CA 92706
NAME R. R. Ross House I REF. NO.
ADDRESS 2421 NorthOakmontAvenue
CITY Santa Ana ZIP 1 92706 I ORANGE COUNTY
YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT 1 N/A NEIGHBORHOOD 1 Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EV ALVA TION 13 CALIFORNIA REGISTER STATUS CODE 15S3
Location: D Not for Publication
~ Uurestricted
D Prehistoric
~ Historic
D Both
ARCHITECTURAL STYLE: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals)
The late nineteenth and twentieth century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was
popular from the late nineteenth century until the 1930s. It was inspired by the designs of the palazzi of northern Italy and
popularized by American architects McKim, Mead, and White. Utilized on public buildings and conunercial buildings, the
vocabulary of the style also influenced the appearance of ornate homes. Characteristic features associated with the residential usage
ofthe style generally include masonry or stucco exteriors; hipped tile roofs; pilasters, columns, quoins, and other classical details; and
a balanced, often symmetrical appearance. Lower stories are generally emphasized through their proportions and fenestration.
Arches are incorporated into the majority of the designs, often referring to Palladian precedents.
SUMMARY/CONCLUSION:
The R. R. Ross House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1. for its representation of
the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has been categorized as "Key"
because, as a relatively rare (in Santa Ana) example of an Italian Renaissance Revival style residence, it "has a distinctive
architectural style and quality" (Mwricipal 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.)
5S3: A ears to be individuall e1i ib1e for loca1listin or desi nation throu surve evaluation.
EXHIBIT 1
1014
Slate of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
N RH P Status Code
Other Listings
Review Code Reviewer Date
Page -L of ..!L Resource name(s) or number (assigned by recorder) R. R. Ross House
Pl. Other Identifier:
'P2. Location: DNot for Publication _Unrestricted 'a. County Orange County
'b. USGS 7.5' Quad Orange TCA 1725 Date:
'c. Address 2421 North Oakmont Avenue City Santa Ana Zip 92706
'e. Other Locational Data: Assessor's Parcel Number: 003-091-18; N TR 378 BLOCK: BLOT: 2
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This one-story residence suggests the influence of the italian Renaissance Revivai style. Finished in stucco, the building
consists of two sections. a flat-roofed wing that projects on the north and a hipped roof wing that is recessed on the south. A
shed-roofed entry links the two wings in the center. Red ciay tile covers the hipped and shed roof sections and edges the
parapet of the flat roof. Three flat-headed windows with wrought iron balconets are evenly spaced across the faqade of the
north wing. The south wing overiooks an open tenace, with two arched openings separated by a slender, engaged, spiraled
coiumn. Facing south to the tenace, a Palladian window grouping pierces the south wall of the entry wing. A large,
segmental arched doorway that probably was open originally is centered on the faqade. Extending north, a wing wall
features an elaborately scrolled top and an arched opening. A stucco-clad chimney is attached to the south elevation. Other
details include a pair of stringcourses that band the south wing. creating a blank frieze, and three tiled attic vents on the north
wing. The "Hollywood driveway" on the south leads to a matching garage. Currently being re-Iandscaped, the property
retains substantial design integrity.
'P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
'P4. Resources Present: _Building DStructure DObject DSite DDistrict _Element of District DOther
P5a. Photo
P5b. Photo: (view and date)
West elevation
February 2004
'P6. Date Constructed/Age and
Sources: _historic
1923/City of Santa Ana Building
Permits
'P7. Owner and Address:
Nichoias Mitchell
2421 Oakmont Avenue
Santa Ana. CA 92706
'P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
'P9. Date Recorded:
February 2. 2004
'Pl0. Survey Type:
Intensive SUlvey Update
'Pl1. Report Citation: (Cite survey report and other sources, or enter "none')
None.
'Attachments: DNone DLocation Map DSketch Map _Continuation Sheet _Building. Struclure, and Object Record
DArchaeological Record DDistrict Record DUnear Feature Record DMilling Station Record DRock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1/95)
*Required in1onnatlon
2014
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page ~ of...L "CHR Status Code 5S3
"Resource Name or #: R. R. Ross House
B1. Historic Name: R. R. Ross House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
"B5. Architectural Style: Italian Renaissance Revival
"B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923.
September. 1923. Residence and garage.
May 12,1931. Outbuilding.
October 24, 1963. Remove wall to make dining room larger-interior alterations.
"B7. Moved? .No [lYes [lUnknown Date:
"B8. Related Features:
Original Location:
"Hollywood driveway" and garage.
B9a. Arch itecl: Unknown
b. Builder: Unknown
"Bl0. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1901-1954 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 R. R. Ross House is architecturally significant as a modest and relatively rare (in Santa Ana) example of the residential
use of the Italian Renaissance Revival style. and as one of the first homes to be constructed on Oakmont A venue after it was
opened in 1923. According to the building permit records, the house was built in 1923 at a cost of $5,000 for Raymond Ross.
A salesman for the Pacific Roofing Company, Raymond Ross occupied the house with his wife, Cora, until at least 1935.
(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.)
813. Remarks:
(This space reserved for official comments.)
Sketch Map
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R. R. Ross House
2421 North Oakmont Avenue
'B14. Evaluator: Leslie J. Heumann
'Date of Evaluation: February 2, 2004
CPR 5238 (1195)
'"'Required information
30f4
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Page ~ of~
"Recorded by Leslie J. Heumann, SAIC
Resource Name or # (Assigned by recorder) R. R. Ross House
"Date February 2. 2004 lEI Continuation D Update
*810. Significance (continued):
The R. R. Ross House is located in the Park Santiago neighborhood, near the present northem city limits of Santa Ana and
substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, East
Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on
the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the
nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main
Street, the Atchison. Topeka, and Santa Fe tracks followed Lincoln, and the Southern Pacific Railroad right-of-way mirrored
the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty
households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North
Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the
number of households had Increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out.
but most residents continued to list "rancher" or "fruit grower" as their occupation In the city directories. This pattem of land
use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north
of Santa Clara and on Valencia and Poinsettia south of Twentieth Street. with the remaining area divided into larger,
agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of
Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in
the neighborhood, but increasing numbers of professionals. small business owners, merchants, and people in service
professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during
the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (2. B. West, Jr..
321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County
Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By
April 1 942, when the Sanbom Company first mapped the western half of the area. most of the lots had been improved with
single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the
eastern half of the neighborhood and infill construction in the westem half displayed the simplified ranch style that emerged
following Wortd War II.
The R. R. Ross House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its
representation of the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has
been categorized as "Key" because, as a relatively rare (in Santa Ana) example of an Italian Renaissance Revival
residence, It "has a distinctive architectural style and quality." The massing. hipped roof. Palladian windows, and detailing
such as the spiraled column and stringcourses are the elements that identify the style of the house. Character-defining
exterior features of the R. R. Ross House that should be preserved include. but may not be limited to: materials (stucco);
roof configuration and detailing; massing; original windows and doors; terrace; architectural details (such as the attic vents,
wing wall, column, and stringcourses); "Hollywood driveway;" and garage.
*812. References (continued):
Harris. Cyril M. American Architecture: An Illustrated Encvclooedia. 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, Nationai Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources.' Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1905-1935.
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.
DPR 523L
4014
MILLS ACT AGREEMENT
2421 North Oakmont 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
FREE RECORDING GOVERNMENT CODE ~61 03
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this December 5, 2005 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 Brent Argo and James Maldonado, (hereinafter referred to as "Owner"),
owners of real property located at 2421 North Oakmont Avenue, 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 2421
North Oakmont 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".
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.
-1-
EXHIBIT 2
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
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 5, 2005, 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 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-
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
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, rnaterials, 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 ofthe
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 -
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
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 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 Yz) 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 Agreernent 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 -
MILLS ACT AGREEMENT
2421 North Oakmont 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 Owner hereby subjects the Historic Property, located at 2421 North
Oakmont Avenue, Assessor Parcel Number, 003-091-19, 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:
Brent Argo and James Maldonado
2421 North Oakmont Avenue
Santa Ana, CA 92706
- 5 -
MILLS ACT AGREEMENT
2421 North Oakmont 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 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 restnctlOns
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 oflaw 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 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.
- 6-
MILLS ACT AGREEMENT
2421 North Oakmont 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 ofthe 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
inslr1rment 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
PATRICIAE. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
Property Owners:
Date:
By:
Brent Argo
Date:
By:
James Maldonado
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
-7 -
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit A
Lot 2, Block B of Tract No 378, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 16, Page 4, of Miscellaneous Maps, in the office of
the County Recorder of said County.
Assessor Parcel No. 003-0891-19
- 8-
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Cornmission 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 -
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
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-
- -
~~-.:::'-:;.:.~
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit C (photographs attached)
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- 11 -
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
-12 -
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