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HomeMy WebLinkAbout25C - 713 NORTH SPURGEON CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION DECEMBER 18, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-10 FOR THE PROPERTY LOCATED AT 713 NORTH SPURGEON STREET ,'"y /lA7tJ~ CITY MANAGER APPROVED D As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Lorissa and Roger Nichols, property owners, for the structure located at 713 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 Lorissa and Roger Nichols, property owners, for the structure located at 713 North Spurgeon Street at its December 7, 2006 meeting by a vote of 8:0 (Schaeffer absent). DISCUSSION After the public hearing on December 7, 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. 25C-1 HPP Agreement No. 2006-10 December 18, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $90.90 to $455.39 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ JC\y '. Trev~no Executlve Dlrector Planning & Building Agency '::(\'\~~'{';'" ~ ~ ~::.r-> Francisco Gutierrez Executive Director Finance & Management Services Agency ~ - HS:rb hs\historic info\mills act agreements\713_N_Spurgeopn\hppa06-10.cc 25C-2 REQUEST FOR Historic Resources Commission Action HSTORIC RESOURCES COM\tSSIOto.II\I:E1'N; DATE: DECEMBER 7, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-10 FOR THE PROPERTY LOCATED AT 713 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 .->'~ 1 Executive Director \--/ ~I~ RECOMMENDED ACTION Recommend authorize agreement structure that the City Council direct the City Attorney to prepare and the City Manager and the Clerk of the Council to execute an with Lorissa and Roger Nichols, property owners, for the located at 713 North Spurgeon Street. DISCUSSION Request of Applicants The applicants, Lorissa and Roger Nichols, property owners, request the approval of Historic Property Preservation Agreement No. 2006-10 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story residence located at 713 North Spurgeon Street. The property is within the French Park neighborhood and the surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25C-3 - HPPA No. 2006-10 December 7, 2006 Page 2 One of the eligibility requirements for the Mills Act lS 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 September 2002 by the Historic Resources Commission (Exhibit 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 Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ,- bJ-{t/--, Hally boleske Associate Planner HS:jm hS\historic info\mills act agreementS\713_N_Spurgeopn\hppa06-10.hrc 25C-4 I- (I) :z < ~ fO ../M~""" --~_. ...-"- \ '. \\...\ \\,~ ... .... \'" ".A \ 9TH ST \. ..- .",,~- \\,,:\, '. , \~ \ .... CI.:l % ~ 500' RADIUS HPPA-2006-10 Fox House 713 North Spurgeon Street P LAN N I N G AND B U I L DIN GAG E N C Y EXHIBIT 1 25C-5 EXECUTIVE SUMMARY FOX HOUSE 713 North Spurgeon Street Santa Ana, CA 92701 NAME Fox House I REF. NO. ADDRESS 713 North Spurgeon Street CITY Santa Ana ZIP I 92701 I ORANGE COUNTY YEAR BUlL T 1905 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I French Park NEIGHBORHOOD I French Park NA nONAL REGISTER CRITERIA FOR EV ALUA nON Ic NATIONAL REGISTER STATUS CODE 1m Location: 0 Not for Publication [gJ Unrestricted o Prehistoric [gJ Historic o Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). A "Classic Box" variant of the Colonial Revival style was popular circa 1894 to 1910 and was generally characterized by two-story box-like massing, a hipped roof (often with centered dormers), boxed eaves, a full or partial front porch with columnar roof supports, and Colonial Revival detailing. SUMMARY/CONCLUSION: The Fox 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. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a textbook example ofthe Classic Box variant of the Colonial Revival style. Additionally, the Fox House has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of the Classic Box variant of the Colonial Revival style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · National Register Criteria for Evaluation: (From Appendix 7 ofInstructions 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. cmlhisloricltemplateslSpurgeon N 713 ES (Fox House) 8/20/02 EXHIBIT 2 25C!f'6 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Page --1- of ....L P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: .c. Address 713 North Spurgeon Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 398-233-03 Thomas Add Lot: 2 Por of Lot and Por of Lot:3 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Date Fox House This two-story house located on the prominent northeast comer of North Spurgeon Street and Civic Center Drive is a fine example of the Classic Box Variant of the Colonial Revival Style. A steeply pitched, intersecting, hipped roof with matching hipped dormers on the west and south sides crowns the house. Boxed eaves with paired brackets and an unadorned frieze distinguish the roofline. The dormers, mimicking the main roof design, have boxed eaves and brackets in addition to sixteen vent slits bordered by square, four-light windows (currently obscured by paint). Narrow clapboard sheathes the exterior. Windows are primarily wood-framed, double-hung sash with plain surrounds. The second story walls flair out at the bottom where a belt course divides the elevations. An intersecting hipped roof projects towards the northeast comer of the house, proving shelter for a squared, cantilevered, second- story bay on the north elevation. A full-width porch on the west far:;ade features a hipped roof accented by paired, carved brackets over boxed eaves. A center, front gable suggests a pediment. Four Tuscan columns, connected by railings of closely spaced (Continued on page 3). *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure o Object DSite DOistrict -Element of Oistrict DOther P5a. Photo P5b. Photo: (view and date) West and north elevations May 2002 - *P6. Date ConstructedlAge and Sources: -historic 1905/ Source: National Register Nomination *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 .P9. Date Recorded: June 17, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "Historic Resources Inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 199B. *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DOistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) *Required information 25G...7 - State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page -2- of -1.. *NRHP Status Code 1 D *Resource Name or #: Fox House 81. Historic Name: Fox House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Multiple-family Residence *85. Architectural Style: Colonial Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1905. September 30, 1924. Repairs. September 15, 1994. Repair porch and repair at front. March 16, 1933. Replace plaster with novely (sic) siding. April 14, 1933 Rebuilt brick flue. August 11, 1941. Reroof. May 25, 1948. Convert residence into 17 rooms. August 3, 1953. Alteration to apartment building. *87. Moved? .No DYes DUnknown Date: *88. Related Features: Original Location: None. 89a. Architect: Unknown b. 8uilder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Fox House is architecturally significant as a characteristic example of the Classic Box variant of the Colonial Revival style. It is also important as a contributor to the French Park Historic District. According to previous research, Charles and Ella Fox were the first owners of the house. Charles died in the early 1920s, but Ella continued living in the house until the mid-1940s (Marsh, 1998). (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) Sketch Map 813. Remarks: ",.... .,."....1 ,..'~ ... / r 1....... .~_.I ~ .~.... ~.. I.. ..... ...L \':1''' 1'-' ! '~..1 I ~ \S~ ;. ' ... ~ , !",1ii.~ ' *814. Evaluator: Leslie J. Heumann ~. ------.; *Date of Evaluation: June 17, 2002 (This space reserved for official comments.) Fox House 713 North SpurQeon Street DPR 5238 (1/95) *Required information 25G!J"8 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ...L of...L Resource Name or # (Assigned by recorder) Fox House "Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC "Date June 17, 2002 00 Continuation 0 Update P3a. Description: square balusters, support broad porch beams. A narrow door with sidelights opens to a small balcony resting above the pediment. Concrete porch steps with concrete sidewalls lead to the main entrance door. The main door is paneled and flanked with sidelights. Wood replaces the north sidelight's glazing, while the south sidelight appears to have new glass. South of the door, a fixed tripartite window with transom has double-hung sidelights. The house was converted into multiple units in 1948 and, although the building permit records indicate that "novelty siding" was applied in 1933, the property appears to be substantially intact on the exterior. "810. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. 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 Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners 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 further west around Fourth 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 apartments 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 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort 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 Fox House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a textbook example of the Classic Box variant of the Colonial Revival style. Popular circa 1894 to 1910, this style was generally characterized by two-story, box-like massing, a hipped roof (often with centered dormers), boxed eaves, a full or partial front porch with columnar roof supports, and Colonial Revival detailing. The Fox House is a textbook example of the style. Additionally, the Fox house has been categorized as "Key" for its distinctive architectural quality. Character-defining exterior features of the Fox House that should be preserved include, but may not be limited to: materials (wood) and finishes (siding); roof configuration and detailing; dormers; balcony; pedimented porch; columns; windows (including surrounds); and architectural details such as brackets. "812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, INW 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 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. CPR 523L 25G.9 i MILLS ACT AGREEMENT 713 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 ~61 03 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 18, 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 Lorissa and Roger Nichols, (hereinafter referred to as "Owner"), owner of real property located at 713 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 713 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 - EX~TC_1 0 MILLS ACT AGREEMENT 713 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 December 18, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25C-11 MILLS ACT AGREEMENT 713 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 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 - 25C-12 MILLS ACT AGREEMENT 713 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 Y2) 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 - 25C-13 MILLS ACT A GREEMENT 713 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 713 North Spurgeon Street, Assessor Parcel Number, 398-233-03, 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: Lorissa and Roger Nichols 24662 Venablo Drive Mission Viejo, CA 92691 - 5 - 25C-14 MILLS ACT AGREEMENT 713 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 oflaw on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVISIOns of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25C-15 - MILLS ACT AGREEMENT 713 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: Lorissa Nichols Date: By: Roger Nichols APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25C-16 MILLS ACT AGREEMENT 713 North Spurgeon Street Santa Ana, CA 92701 Exhibit A Thomas Additi LOT 2 and a Portion of Lot 3 Tract 7 of Thomas Addition, in the City of Santa Ana, County of Orange, State of Calfornia, as per Map Recorded in Miscellaneous Maps in the Office of the County Recorder of said County. Assessor's Parcel Number: 398-233-03 - 8 - 25C-17 MILLS ACT AGREEMENT 713 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 - 25C-18 MILLS ACT AGREEMENT 713 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 of the structure would be unimpaired. - 10- 25C-19 MILLS ACT AGREEMENT 713 North Spurgeon Street Santa Ana, CA 92701 Exhibit C (photographs attached) - 11 - 25C-20 MILLS ACT AGREEMENT 713 North Spurgeon Street Santa Ana, CA 92701 - 12 - 25C-21 1- · - · - · - .\ . \ D.. <( :E z o - I- <( o o ..J o I- o :I: D.. 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