Loading...
HomeMy WebLinkAboutCOLLINS, PHILIP G. AND KRISTIN 1-2005 A-2005-274 01 MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIII~ 1111111I11 11111111111111I11I1111111 1I111II111 11111 111111111111111111 NO FE E 2005000989327 03:39pm 12112/05 10651 A12 15 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ~r 1\ 10p l<f FREE RECORDING GOVERNMENT CODE 96103 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 Philip G. and Kristin Collins, (hereinafter referred to as "Owner"), owners of real property located at 1116 North French Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1116 North French Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 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 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 (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 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 1116 North French Street Santa Ana, CA 92701 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 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 ofthe 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 1116 North French Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects 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 ofthe 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 I II 6 North French Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement 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 Y:z) 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 provlSlons 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 II 16 North French Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1116 North French Street, Assessor Parcel Number, 398-027-23, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and 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 Owner: Philip G. and Kristin Collins 1116 North French Street Santa Ana, CA 92701 - 5 - MILLS ACT AGREEMENT 1 II 6 North French Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation 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 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- MILLS ACT AGREEMENT I I 16 North French Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice 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 instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. A.T.~.T...ES.}: " ., / 'j .----Li "PATRIQIA E: HEALY. Clerk of the Council CITYO~TA~ L ~Ja DAVID N. REAM City Manager Property Owners: Date: II /g /2o~5 I I By: Date: JJ - '3 - DS By: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: ~~ Kylee 6. tto Assistan City Attorney -7 - ALL-PURPOSE ACKNOWLEDGMENT r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-., . State of California } , County of (9,"'... _.-., .1._ SS. · r t On ~~~3 J..oOS' before me, O.J va 7 (1 ~J (DATE) . ~ (NOTARY) ,. personally appeared ~;o b (' ~... J ~ ,... k..) r:. ('-PO, :....) SIGNER(S) i D personally known to me - OR- Ci(I 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. , i i i i i i i i i . o PARTNER(S) , o ATTORNEY-IN-FACT o TRUSTEE(S) NUMBER OF PAGES i D GUARDIAN/CONSERVATOR . , D OTHER: , i DATE OF DOCUMENT i i SIGNER IS REPRESENTING: i i NAME OF PERSON,S) OR ENTITY(IES) i . OTHER. L._._._.-.-._._._._._._._._._._._._.-1 J~ SHERLEY A. DODD ~ - on Comm. # 1490382 III NOTARY PUBUC. CALIFORNIA lJl ~ OrangeC"n~- Mr Co,,",. expires JUNe 12, 2008 r WITNESS my hand and official seal. iL..A..t () lJ~ ' NOTARY'S SIGNATU OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT '!TILE OR TYPE OF DOCUMENT TITLE(S) APA 1194 VALLEY.STERRA,800-362-3369 Fa4;ade Easement Owner: Date: A/ov 0 2ooS- By: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 8- MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 ALL-PURPOSE ACKNOWLEDGMENT State of California County of }ss. On before me, person all y appeared o personally known to me - OR- ~~CARMEN M. MELENDEZ~ - Comm. # 1473747 III NOTARY PUBLIC. CALIFORNIA lJl ~ Orange County - My Comm. Eljlites March2,2008 T /J,. M j:O' (.. E' IllDE7 (:"IOTARY\ 1)(( proved to me on the basis of satisfactory I evidence to be the person.(.l(Uyhose name(s is/~bscribed to the within instrument and acknowledged to me that he/s.he.L1J;le'fexecuted the same in his/ber/tlT&- authorized capacity(.i.e1A-;- and that by his/RIH/tRe~ signature~n the instrument the personEst,- or the entity upon behalf of which the perso~ted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) o INDIVIDCAL o CORPORATE OFFICER TITLE(S) o PARTNER(S) o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESE"in"iG: NA\lE OF PERSON(S) OR E"iTlTY(iES) APA5iY9 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER . . ~ " is. ~ ~ 15 u '" VALLEY-SIERRA. 800-362-3369 MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 Exhibit A Parcel One: Lot 2 of Alexander and Lawton Addition to Santa Ana, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 4, Page 35, of Miscellaneous Maps, in the office of the County Recorder of said County. Parcel Two: The South 1.54 feet of Lot 1 of Harvey's Subdivision, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 3, Page 15, Miscellaneous Maps, records of Orange County. Assessor Parcel No. 398-027-23 -9 - MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 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 conj ectural 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 -10 - MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -11- MILLS ACT AGREEMENT II 16 North French Street Santa Ana, CA 92701 Exhibit C (photographs attached) \..,...,. ,;. -4.:__ ~ -~~! '~~';~.& .".. i<- " -12- MILLS ACT AGREEMENT I I I 6 North French Street Santa Ana, CA 92701 - 13- REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 21, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-12 FOR THE PROPERTY LOCATED AT 1116 NORTH FRENCH STREET 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 !2,A;z~ CITY MANAGER CONTINUED TO FILE NUMBER A-2005-274 RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Philip G. and Kristin Collins for the structure located at 1116 North French 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 Philip G. and Kristin Collins for the structure located at 1116 North French Street 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. 2005-12 November 21, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $60.92 to $304.59 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Agency ~~~\""I',,> \'~-:'d Francisco Gutierrez Executive Director Finance & Management Services Agency {."--- 1fr HS:rb hs\historic info\mills act agreements\hppa05~12-1116_N_Frency.cc REQUEST FOR Historic Resources Commission Action ~ ~ IfSTCRC RESOURCESCOM\llSSOl SECRETARY TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-12 FOR THE PROPERTY LOCATED AT 1116 NORTH FRENCH STREET APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~utive Director ~~gr RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Philip G. and Kristin Collins for the structure located at 1116 North French Street. DISCUSSION Request of Applicant The applicants, Philip G. and Kristin Collins, request the approval of Historic Property Preservation Agreement No. 2005-12 (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 1116 North French Street, and is within the French 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. 2005-12 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 Landmark in May 2000 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this Craftsman 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. ~~ ally oboleske Assistant Planner II HS:JM hs\historic info\mills act agreements\hppaOS-12-1116_N_French.hrc NAME Alexander House I REF. NO. 127 ADDRESS 1116 North French Street CITY Santa Ana ZIP 192701 I ORANGE COUNTY YEAR BUILT 1912 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I French Park NEIGHBORHOOD I French Park NATIONAL REGISTER CRITERIA FOR EV ALVA TlON IB,C NATIONAL REGISTER STATUS CODE lID Location: 0 Not for Publication cgJ Unrestricted USGS 7.5" Quad Date: T R \4 of 14 of Sec B.M. o Prehistoric cgJ Historic o Both ARCHITECTURAL STYLE: Craftsman Bungalow DESCRIPTIONIBACKGROUND RELATED TO PERIOD ARCHITECTURE: The architectural style terminology is adapted from the National Register Bulletin 16A. The Craftsman Bungalow architectural style is an early 20fu century American movement, developed by Charles and Henry Greene of Pasadena, California. The height of the movement is between 1900 and 1920's. The Craftsman Bungalow is characterized by the use of natural wood for exposed massive beams and rafters and exterior siding. Some of the most prominent features are: low pitched gabled roof with wide overhangs and projecting brackets; the emphasis on horizontal shapes informally arranged; the use of shingles as exterior finish; broad, gabled entry porches; no applied ornament; creek rock foundations and porches. Many houses include Japanese and Swiss influences in their exterior detailing. PageIof4 LL\HRClcmegoryalexander 06-19-00 EXHIBIT 1 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) Year Built: Alterations: Repairs: Reroof: Reroof: Garage replaced: Reroof: 1912 July 8, 1927 November 20, 1928 June 2,1930 December 2, 1943 February 8, 1991 September 6, 1994 RELA TED FEA TURES: (Other important features such as barns, sheds, fences, prominent or unusual trees. or landscape) None identified DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size. settings, and boundaries.) This two story. single family dwelling is topped with low-pitched gabled roofs with wide eaves accented with triangular-shaped knee braces, horizontal lath venting. and exposed rafter tails. Neat rows of alternating long and short wood shingles cover the second story of the house. Original stucco cladding covers the first story. Double-hung windows. with some having vertical muntins in the top half are used throughout the second floor. The single storied wrap-around porch features a front-facing open gable resting on a single beam which supports the gable and forms the top of the pergola to the north of the porch. Pairs of square posts, resting on stucco-clad piers, support the Oriental influenced porch. Carved beams extend from the front fa,ade of the house to the crossbeam at the front of the porch. Single four by sixes form the railings between the piers. A large plate glass window is located to the north of the wide front door, accented with three narrow vertical beveled glass windows. Sidelights flank the door. The wide front steps are made of concrete and bordered with stucco-clad piers. The original garage was replaced in 1991. No records exist of the freestanding entry trellis located in front of the garage. HISTORIC HIGHLIGHTS: Thomas Jefferson and Mary Alexander are believed to be the first occupants of the house. along with their son James. Thomas was the postmaster. and later his son James was appointed assistant postmaster in 1899. Records indicate that James later lived at 1112 N. French. He served as assistant postmaster for over 30 years. Sidney and Josephine Druce later purchased the house. Sidney was a partner in the Druce Bros. Poultry Ranch, widely known for its production of white leghorn chickens. Josephine was the Alexander's daughter. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources. Office of Historic Preservation) (HP2) Single Family Property Page 2 of 4 LL\HRC'category nlexllnder 06-]9-00 RESOURCES PRESENT: [8J Building D Structure D Object D Site D District D Element of District D Other MOVED? [8J No DYes D Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme. period. geographic scope, and integrity.) This example of residential architecture during the City of Santa Ana's early formation years is located in French Park Historic District. This two-story single family dwelling was built during the height of the development of French Park, a residential district advertised as the "Nab Hill" of Orange County. French Park was home to many prominent businessman, doctors, bankers. attorneys and civil servants from 1880 to the early 1940's. This house is in excellent condition, in an unaltered state, and on its original site. One of the best examples of Craftsman bungalow architecture in the City, it embodies fine features of the Craftsman movement. Horizontal lines are accentuated by low pitched roofs. detailing around the fenestration. wood shingle cladding on the second floor, grouped casement windows, and picture windows on the first floor. SUMMARY/CONCLUSION: This is an exceptional example of a Craftsman Bungalow and has a unique architectural significance. Oriental influences present in the detailing of the building include low-pitched gable roofs. a large porch. and a pergola with carved beam-ends. This building has a historic significance to the City of Santa Ana because of its association with the Alexander family, an influential family during the formati ve years of the City" OWNER AND ADDRESS: Janice and Jon Gothold 1116 North French Street Santa Ana. CA 92701 Page 3 of4 LL\HRC\catcgoryalexander 06-.19-QO RECORDED BY: (Name, affiliation, and address) Lucy Linnaus City of Santa Ana, Planning Division 20 Civic Center Plaza M-20, Santa Ana, CA 927-2 DA TE RECORDED: May 4. 2000 SURVEY TYPE: (Intensive, reconnaissance, or other) Reconnaissance REPORT CITATION: (Cite survey report and other sources) National Register of Historic Places Application for French Park Historic District Santa Ana Historic Register Application Form REFERENCES: (List documents. date of publication. and page numbers. May also include oral interviews.) City of Santa Ana Building Division Records Orange County Assessors Office EVALUATOR: DATE OF EVALUATION: EXPLANATION OF CODES: . National Register Criteria fOr Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant to our past 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) ID: Contributor to a listed district. Page 4 of 4 LL\J-IRC\:ategory alexllnder 06-19-00 MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE ~6103 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 Philip G. and Kristin Collins, (hereinafter referred to as "Owner"), owners of real property located at 1116 North French Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1116 North French Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new 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 II I 6 North French Street Santa Ana, CA 92701 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 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: - 2- MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects 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 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 1116 North French Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement 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 V2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any proVISIOns to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- M1LLSACTAGREEMENT 1116 North French Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1116 North French Street, Assessor Parcel Number, 398-027-23, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and 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 Owner: Philip G. and Kristin Collins 1116 North French Street Santa Ana, CA 92701 - 5 - MILLS ACT AGREEMENT 1II6 North French Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and 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 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 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 III6 North French Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice 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 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: Philip G. Collins Date: By: Kristin Collins APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney .7. Fa~ade Easement Owner: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney By: - 8- MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 Philip Chinn for Heritage Orange County MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 Exhibit A Parcel One: Lot 2 of Alexander and Lawton Addition to Santa Ana, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 4, Page 35, of Miscellaneous Maps, in the office of the County Recorder of said County. Parcel Two: The South 1.54 feet of Lot 1 of Harvey's Subdivision, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 3, Page 15, Miscellaneous Maps, records of Orange County. Assessor Parcel No. 398-027-23 - 9- MILLS ACT AGREEMENT II 16 North French Street Santa Ana, CA 92701 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 -10 - MILLS ACT AGREEMENT I II 6 North French Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -11- MILLS ACT AGREEMENT 1116 North French Street Santa Ana, CA 92701 Exhibit C (photographs attached) . J..", -:---.,~ - 12- M~LSACTAGREEMENT 1116 North French Street Santa Ana, CA 92701 - 13-