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HomeMy WebLinkAbout25B - 1106 N. SPURGEON STREET CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION AUGUST 21, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-03 FOR THE PROPERTY LOCATED AT 1106 NORTH SPURGEON STREET W II f2-- APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER 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 Paul D. Giles for the structure located at 1106 North Spurgeon 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 Paul D. Giles for the structure located at 1106 North Spurgeon Street at its August 3, 2006 meeting by a vote of 7: 0 (Cook- Giles abstained and Bustamante absent) . DISCUSSION After the public hearing on August 3, 2006, 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. 258-1 HPP Agreement No. 2006-03 August 211 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $74.75 to $373.74 annuallYI for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Ja: . Trevino Executive Director Planning & Building Agency '::\C\~~u~ I".lJ ~ ..L Francisco Gutierrez eJ15 Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\hppa06-03_1106_N_Spurgeon.cc 258-2 REQUEST FOR Historic Resources Commission Action HSTORIC RESOURCESca.MSSION NEETNG DATE: AUGUST 3, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-03 FOR THE PROPERTY LOCATED AT 1106 NORTH SPURGEON STREET HISTORIC RESOURCES COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ttive Director llaMkL ~ Planning Mana r 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 Paul D. Giles for the structure located at 1106 North Spurgeon Street. DISCUSSION Request of Applicant The applicant, Paul D. Giles, requests the approval of Historic Property Preservation Agreement No. 2006-03 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subj ect property includes a single story residence and a detached two-car garage located at 1106 North Spurgeon Street, and is within the French Park National Register District (Exhibit 1). Surrounding land uses are residential with a parking lot to the immediate south. 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. EX~lg'B~3 HPPA No. 2006-03 August 3, 2006 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in December 2001 by the Historic Resources Commission (Exhibi t 2) . Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this American Foursquare 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. ~~~ Associate Planner HS:jm hS\historic info\mills act agreements\hppa06-03_1106_N_Spurgeon.hrc 258-4 I- (I) 2 < :E 500' RADIUS WJ <~~ .~,.. .1 ., H PP A-2006-03 Paul D. Giles 1106 North Spurgeon Street P LAN N I N G AND B U I L DIN GAG E N C Y 2mr~51 EXECUTIVE SUMMARY CLAYCOMB HOUSE 11 06 North Spurgeon Street Santa Ana, CA 92701 NAME Claycomb House I REF. NO. 22 ADDRESS 1106 North Spurgeon Street CITY Santa Ana ZIP 192701 I ORANGE COUNTY YEAR BUILT 1907 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I French Park NEIGHBORHOOD I French Park NATIONAL REGISTER CRITERIA FOR EV ALUA TION r C NATIONAL REGISTER STATUS CODE I ID Location: 0 Not for Publication i:8J Unrestricted o Prehistoric i:8J Historic o Both ARCHITECTURAL STYLE: Prairie School, Colonial Revival The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the uninterrupted horizontal lines of the American prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one-story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A corrunon, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the fa9ade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are corrunonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncorrunon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Claycomb House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. Included in the Santa Ana Register of Historical Property, the Claycomb House has been categorized as "Key" because it "has a distinctive architectural style and quality" as an intact example of the American Foursquare style that was characteristic of the period around the turn of the twentieth century in Santa Ana (Municipal Code, Section 30-2.2). EXHIBIT 2 25a~6 EXPLANATION OF CODES: · National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. · National Register Status Code: (From Appendix 2 ofInstructions for Recording Historical Resources, Office of Historic Preservation) ID: Contributor to a listed district. 25B~7 Primary # HRI# State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -1- of ~ Resource name(s) or number (assigned by recorder) Claycomb House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 1106 North Spurgeon Street City Santa Ana Zip 92701 *e. Other Locational Data: 398-025-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story home is an example of the American Foursquare variant of the Prairie Style. A hipped roof caps the structure, with a front gable positioned over the north side of the fac;ade. Decoratively sawn corbels and brackets are visible in the eaves. Narrow clapboard siding covers the building. Between the upper and lower stories, the siding flares outwards, with corbels and a belt course wrapping the building below. The front gable is sided with shingles and contains a one-light attic window. Centered below the gable, the upper story of the north bay of the fac;ade contains a single window with a curved sill resting on a corbel. Below it, a cant bay with a pent roof projects from the first floor. Offset to the south, the entry is elevated a few steps above ground level; a former porch south of it has been enclosed. The upper south bay features a double window adorned with an ornamented window box. A low concrete curb, bisected by the front path, edges the property at the sidewalk. Other than the porch enclosure, the appearance of the house retains substantial original integrity, although it was moved to this location in 1929. The house is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family property P5a. Photo *P4. Resources Present: -Building DStructure DObject DSite DDistrict -Element of District DOther P5b. Photo: (view and date) East elevation July 2001 *P6. Date Constructed/Age and Sources: _historic 1907lSource: National Register nomination *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: December 5, 2001 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") City of Santa Ana. Santa Ana's Historic Treasures. Les, Kathleen. Historic Resources Inventory French Park District, March 1980. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record D Other (list) CPR 523A (1/95) 25S~8 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page -L of ~ *NRHP Status Code 1 D *Resource Name or #: Claycomb House 81. Historic Name: Claycomb House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family Residence *85. Architectural Style: Prairie School, Colonial Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1907. November 25, 1929. Relocate. February 3, 1930. Private garage. April 18, 1933. Rebuild chimneys. February 21, 1938. Reroof February 25, 1938. Sleeping rooms, addition to residence. February 4, 1947. Reroof July 7, 1998. Demo of interior parlition walls. December 4, 1998. New 2-car detached garage. March 19, 1999. Replace drywall as needed. April 26, 1999. Bolt joists together. March 19,2001. Clad existing concrete stairs with historically appropriate siding. *87. Moved? DNo .Yes DUnknown Date: *88. Related Features: 1929 Original Location: Seventeenth Street Mature evergreen tree in front yard; pecan and camphor trees in rear yard. 89a. Architect: Unknown b. 8uilder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Claycomb House is significant as a contributor to the French Park Historic District and is architecturally distinctive as a remarkably intact and characteristic example of the American Foursquare genre, a popular building type in the years immediately preceding and following the turn of the twentieth century. It was built in 1906 on Seventeenth Street and moved to this location in 1929 by William White, the owner of this lot and the adjacent house (1102 Norlh Spurgeon Street, now demolished). Mrs. Mary Claycomb, widow of a local physician, was the first occupant following the relocation. Around 1963 Mrs. Rokkum converled the building into a boarding house, which operated unti/1989, when the properly was purchased by the City and boarded up. Paul Giles and Louise Pass restored the house, including the removal of texture coating and non- original shutters from the exterior, in 1999-2000. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on parl of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877 Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: Sketch Map Claycomb House 1106 N. Spurgeon City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (This space reserved for official comments.) , i l (See Continuation Sheet 3 of 3.) 813. Remarks: *814. Evaluator: Leslie J. Heumann "'RENCH \" r. T ~ _ ,'.,., l.~-! ~ I"'; I .. I 5T/lEET I.., "'r"'---r""'l .. *Date of Evaluation: December 5, 2001 DPR 5238 (1/95) 25S~9 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of ~ Resource Name or # (Assigned by recorder) Claycomb House *Recorded by Leslie J. Heumann, SAIC *Date December 5, 2001 [8] Continuation 0 Update *810. Significance (continued): Santa Ana. Thinking to capitalize on commercial growth around the railroad, the parlners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered furlher west around Fourlh and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single-family homes and duplexes were built during the 1920s, and a handful of aparlments constructed in the 1930s. From the nineteenth century onwards, residents were a 'Who's Who" of early Santa Ana and included bankers, attorneys, doctors, businessmen, ranchers, teachers, and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1 940s and 1950s as some homes were converled into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properlies redeveloped with multi-family housing. However, a grass roots preservation efforl begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Claycomb House contributes to the French Park Historic District through its architectural style and type, which are representative of the district during its period of growth and significance (established by the National Register nomination as 1877-1945). It is one of a handful of properties which were moved into French Park from streets that were becoming more commercial in use during the historic period (several more homes were recently been moved into French Park in the last decades of the twentieth century). The Claycomb House is listed in the National Register of Historic Places as a contributor to the French Park Historic District, is therefore listed in the Califomia Register of Historical Resources, and is located within the boundaries of the locally designated historic district. It is also included in the Santa Ana Register of Historical Property and has been categorized as "Key." Rehabilitated in 1999-2000, the Claycomb House possesses substantial integrity from 1929, when the house was moved to the present site. It exhibits the box-like proporlions, two-story massing, wood siding, and hipped roof that characterize the American Foursquare genre. All original and restored exterior features of the Claycomb House are considered to be character defining and should be preserved. These features include, but may not be limited to: materials and finishes (siding, shingling), roof configuration and detailing, bays, original windows and doors where extant, and architectural detailing such as brackets. *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated EncvcloDedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1 995. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR 523L 2SB~1 0 MILLS ACT AGREEMENT 1106 North Spurgeon 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 ~6l 03 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this August 21, 2006 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 Paul D. Giles, (hereinafter referred to as "Owner"), owner of real property located at 1106 North Spurgeon 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 1106 North Spurgeon 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 - 2ml~3J MILLS ACT AGREEMENT 1106 North Spurgeon 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 ofthe California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 21, 2006, and shall remain in effect for a term often (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice 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 ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 258-12 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects ofthe appearance ofthe exterior to the satisfaction ofthe City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 258-13 MILLS ACT AGREEMENT 1106 North Spurgeon 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 ~) 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 - 258-14 MILLS ACT AGREEMENT 1106 North Spurgeon 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 1106 North Spurgeon Street, Assessor Parcel Number, 398-025-06, 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: Paul D. Giles 1106 North Spurgeon Street Santa Ana, CA 92701 - 5 - 258-15 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the 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 - 258-16 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owners: Date: By: Paul D. Giles APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 258-17 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 Exhibit A PARCEL A The North 50.00 feet of lots 5 and 7, and the North 50.00 feet of the west 11.40 feet of Lot 3, all of Smith and Bishop's Addition to Santa Ana, as shown on a map recorded in Book 13, Page 63 of Miscellaneous Records of Los Angeles County, California, and as shown on corrected map recorded in Book 1, Page 100 of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom that portion described as follows: Beginning at the most northwesterly corner of said Lot 7; thence southerly along the westerly boundary line of said Lot 7 a distance of 50.00 feet to the true point of beginning; thence easterly along a line parallel to the northerly boundary line of said Lot 7 a distance of 18.30 feet' thence northerly along a line parallel to the westerly boundary line of said Lot 7 a distance of 8.70 feet; thence westerly along a line parallel to the northerly boundary of said Lot 7 a distance of 18.30 feet; thence southerly along the westerly boundary of said Lot 7 a distance of 8.70 feet to the true point of beginning. PARCEL B That portion of Lot 7 of Smith and Bishop's Addition to Santa Ana, as shown on a map recorded in Book 13, Page 63 of Miscellaneous Records of Los Angeles County, California, and as shown on corrected map recorded in Book 1, Page 100 of Miscellaneous Record Maps, Records of Orange County, California, described as follows: Beginning at the most northerly corner of said Lot 7; thence southerly along the westerly boundary line of said Lot 7 a distance of 50.00 feet to the true point of beginning; thence easterly along a line parallel to the northerly boundary line of said Lot 7 a distance of 18.30 feet; thence northerly along a line parallel to the westerly boundary line of said Lot 7 a distance of 8.70 feet; thence westerly along a line parallel to the northerly boundary of said Lot 7 a distance of 18.30 feet; thence southerly along the westerly boundary of said Lot 7 a distance of 8.70 feet to the true point of beginning. Assessor Parcel No. 398-025-06 - 8 - 258-18 MILLS ACT AGREEMENT 1106 North Spurgeon 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 - 9 - 258-19 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity ofthe structure would be unimpaired. - 10 - 258-20 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 Exhibit C (photographs attached) - 11 - 258-21 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 - 12 - 258-22 c.. e:( :E z o - .... e:( (.) o ..J o .... o ::I: c.. .... w W 0::: .... en z o w C) 0::: ::) c.. en ::I: .... 0::: o Z CD o ~ ~ e ~ ...... ...... ...... -.-.-.-.-.---.----- I . I . +-' Q) I Q) '- . +-' en I c - e . o ~8 I Q) LO 0) '- . :::::I I a. en . ..c I t:: 0 . z I e . I . -----------------_1 +~ z 258-23 258-24