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HomeMy WebLinkAbout25F - HPPA NO 2007-11 CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-11 FOR THE PROPERTY LOCATED AT 1904 NORTH FLOWER STREET APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For Q a~fZ 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 Stephen J. and Karen Ita Amsler for the structure located at 1904 North Flower 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 Stephen J. and Karen Ita Amsler for the structure located at 1904 North Flower Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 2007, 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. 25F-1 HPP Agreement No. 2007-11 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $61.43 to $307.14 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~ino Executive Director Planning & Building Agency ~C\C\.~t'\..~J~ Francisco Gutierrez Executive Director Finance & Management Services Agencyp,- HS:rb hs\historic info\rnills act agreernents\1904_N_Flower\hppa07,ll.CC 25F-2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION SECRETARY HSTCRC RESOURCESCCJMI"tSSI()N ~DA1E: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-11 FOR THE PROPERTY LOCATED AT 1904 NORTH FLOWER STREET APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~~ Director i~~ Planmng Man er 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 Stephen J. and Karen Ita Amsler, property owners, for the structure located at 1904 North Flower Street. DISCUSSION Request of Applicants The applicants, Stephen J. and Karen Ita Amsler, request the approval of Historic Property Preservation Agreement No. 2007-11 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a one and a half-story residence and a detached, garage located at 1904 North Flower Street. The property is within the Floral 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 25F-3 HPPA No. 2007-11 November 1, 2007 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 June 2005 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 French Eclectic 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. QilU{8b~ Ha ly so~oleske Associate Planner HS:jm hs\historic info\mills act agreementS\1904_N_Flower\hppa07'll.hrc 25F-4 a ;I ; 8 ; 2 i ... ;:::: "- .. \0 .. .. \0 ""'TTI. CYr 500' RADIUS HPPA-2007-11 1904 North Flower Street P LAN N I N G AND B U I L 0 I N GAG E N C Y ~gJ!~~ EXECUTIVE SUMMARY VAN HORNE HOUSE 1904 North Flower Street Santa Ana, CA 92701 YEAR BUILT 1929 , -c~. T_____=~O__~===1 ______-==-_~:~:2;~~TE~C~~~;:~=~~:': . -~l _ __ ____J_NEIGHBORHOOD__West _Flo~Par~_ ___.___l 3 I CALIFORNIA REGISTER STATUS CODE . 5 S I NAME ! Van Home House ADDRESS I 1904 North Flower Street I ------.--r- . ---.,--.- ---.- CITY Santa Ana - <r-----.-~.-~ _..__..~- _~~~~~,~ _~IS_~~CT IN/ A CALIFORNIA REGISTER CRITERIA FOR EV ALVA nON Location: 0 Not for Publication t8J Unrestricted o Prehistoric (SJ Historic o Both ARCHITECTURAL STYLE: Late Nineteenth and Early Twentieth Century Revivals/Other: French Eclectic Although the French Eclectic style resembles the contemporaneous Tudor Revival and shares some ofthe same medieval European precedents, it is distinguished from its English counterpart by its roof treatment. A hipped roof of steep pitch is present in most examples, although one subtype may incorporate a gabled roofin association with a conical-roofed tower. Tall chimneys are often seen, as are dormers, which can emerge from the roof or be set flush with the wall, breaking the cornice. Arched openings for doors and windows are common. More formal versions feature symmetry, Renaissance detailing, and quoins at corners and around arches. Examples based on more rural prototypes are generally asymmetrical. Exterior walls may be stucco, brick, or stone, and may be ...domed with half-timbering. Windows are usually casements in type. (McAlester, pages 386-395.) .:luMMARY/CONCLUSION: The Van Home House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, as a structure with the distinguishing characteristics of an architectural style, the French Eclectic style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as one of the few Santa Ana examples of the French Eclectic style ofthe 1920s and 1930s (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics ofa type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8,2003.) 5Sl:_lndividual property that}s liste__d or d~signat~ locally. ~ EXHIBIT 2 2BF1-<(; State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary#_------ HRI #" Trinomial ~___ ,__ ~_______ NRHP Status Code__ ___,____ _____ Other Listings_,__~_____ __ ___,____ _~_...__,..~.___ Review Code Reviewer Date Resource name(s) or number (assigned by recorder) Van Home House I I Page of _'L P1. Other Identifier: 'P2. Location: DNolfor Publication _Unrestricted 'b. USGS 7.5' Quad TCA 0054 'c. Address 7904 North Flower Street *e. Other Locational Data: Assessor's Parcel Number: 399 *a. County Orange County Date: City Santa Ana Block: 057 Lot 11 Zip 92706 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the northwest corner of North Flower and West Nineteenth Streets, this is a one-story residence in the French Eclectic style. The dominant feature of the design is the steeply pitched, hipped roof. Sma//er hipped roofs crown the north bay of the facade, dormers on the front and north elevations, and a window centered within the north bay, as we// as a pair of dormers atop an addition on the south elevation. Additional complexity of the roof configuration is provided by an extremely steep gable over the central entry, an additional gablet behind the entry, and two, ta// chimneys. At either end of the facade, the roof slope continues down almost to ground level, capping a wing wa// pierced by an archway on the north. Stucco covers the exterior walls, with brick used for the stack of the south chimney, to wrap portions of the foundation, and to trim the terrace that fronts the south two-thirds of the facade. At the north end of the terrace, the entry is round-headed and contains a paneled wood door. An extremely slender, arched opening is centered in the gable face over the entry archway. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-famify Property *P4. Resources Present: -Building DStructure DOb/ect DSite DDistncl DElement of District DOther Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation March 2005 *P6. Date Constructed/Age and Sources: -historic 1929/CftyofSanffiAna Buifdmg Permit *P7. Owner and Address: Stephen and Karen Amsler 1904 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 30, 2005 *P10. Survey Type: *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet _Building, Structure, and Object Record OArchaeological Record DOistrict Record OLinear Feature Record DMilling Station Record ORockArt Record OArtifact Record DPhotograph Record D Other (list) DPR523A (1/95) ~5F-7 'Required information State of California - The Resources Agency Primary #__~_________ _ _,_ DEPARTMENT OF PARKS AND RECREATION HRI#_--------------------'- BUilDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4_ *CHR Status Code_5S1 -Resource Name or #: Van Home House 81. Historic Name: Van Home House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family Residence *85. Architectural Style: Late Nineteenth and Twentieth Century Revivals/Other: French Eclectic *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929. October 17, 1929. Residence and garage. November 12, 1941. Reroof. November 4, 1953. Addition. March 4, 1999. Add bedroom, bath, and laundry. Relocate existing two-car garage. May 27, 1999. Reroof with tear-off. Remove composition shingles, apply composition shingles. *87. Moved? -No DYes DUnknown Date: Original Location: *88. Related Features: Garage. 89a. Architect: Unknown b. Builder: Unknown "810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Van Home House is architecturally significant as a distinctive example of the French Eclectic style, a style rarely seen in Santa Ana. It was built in 1929 for H. S. Van Horn [sic] for a reported cost of $7. 000. Harry S. Van Home and his wife Marion had occupied the house by 1931. No occupation for Van Home was listed in the City directories. (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codesL___ *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 813. Remarks: Sketch Map Van Home House 1 904 North Flower Street -814. Evaluator: Leslie J. Heumann (This space reserved for official comments.) lO,," 0,'" ....0.45 "" .p h.. ~ :t", ~~ ~ :.., .... ~ .5.. D-"-3.1J *Date of Evaluation: March 30, 2005 ... ) '} ~. 5' 5'i 0; 66 8 DPR 5238 (1195) "Required information 1!F!8 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page 3... of 4 "Recorded by Leslie J. Heumann, SAle Primary # HRI Trinomial _ Resource Name or # (Assigned by recorder) Van Home House *Date March 30, 2005 lRl Continuation o Update .P3a. Description (continued): Overlooking the terrace, a large, fixed sash south of the entry has a segmental arched head that breaks the cornice line. A smaller arched window is set higher on the facade further to the south. A single window centered on north bay is adorned with a bracketed, hipped hood and a window box. On the south elevation, a master bedroom addition does not compromise the integrity of this unusual design. *810. Significance: Since the second half of the twentieth century, the neighborhood in which the Van Home House is located has been known as West Floral Park. Located northwest of the historic core of Santa Ana, this residential neighborhood is bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west. Prior to World War II, the area was agricultural, divided into a few large landholdings devoted primarily to the cultivation of oranges, walnuts, and apricots. Traces of this early era remain in the form of two original farmhouses (1911 Westwood Street and 2402 North Flower Street) and in a few large parcels along Flower Street. During the 1920s and 1930s a handful of houses were erected on Baker, Bristol, and Flower Streets, and two municipal facilities, the City Water Works pumping plant and the City/County Animal Shelter, were built at 2315 and 2321 North Bristol Street. West Floral Park acquired its current identity as a neighborhood of expansive, California Ranch Style houses in the years following 1947. Development started slowly, with around two dozen homes being built on Baker, Olive, Towner, and Westwood Streets between 1947and 1950. Construction boomed during the 1950sand 1960s_ One builderin particular has come to be associated with West Floral Park: Roy Rodney Russell. The son of Roy Roscoe Russell, who developed much of Victoria Avenue in Floral Park, Roy Rodney Russell formed a partnership with his father, called Roy Russell and Son, Builders, in 1945. They began building homes on speculation, usually around fifteen or twenty each year. Following the death of his father in 1965, Roy Rodney Russell continued to build, mostly custom homes and many of them in West Floral Park. He retired in 1993. Flower Street itself ended at Seventeenth Street during the agricultural period. North of Santa Clara, Hannah Street (also spelled "Hanna') was renamed Flower between 1912 and 1915. Sometime later, the north and south sections of Flower werejoined, but the area between Seventeenth and Santa Clara remained agricultural. By 1929, according to the city directories, there were nine houses on the west side of Flower north of Santa Clara in the Fisher Park neighborhood (the 2600 and 2700 blocks), and only one (2330) in West Floral Park. By 1931, five houses, including the Van Home House, had been constructed on Flower south of Santa Clara on this street of orange and walnut orchards. The Van Home House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style, the French Eclectic style. It displays the hipped roof, asymmetrical massing, dormers, stuccoed exterior, and arched openings that exemplify the style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as one of the few Santa Ana examples of the French Eclectic style of the 1920s and 19305. Character-defining exterior features of the Van Home house that should be preserved include, but may not be limited to: materials and finishes (stucco, brick, wood); roof configuration and detailing; massing; dormers; windows and doors; chimneys; terrace; wing wall; and architectural details (such as brackets, window box, bays.). DPR 523L i~F~9 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION ,CONTINUATION SHEET Primary # HRI # Trinomial Page 4_ of 4_ .Recorded by Leslie J. Heumann, SAle Resource Name or # (Assigned by recorder) Van Home House *Date March 30, 2005 0 Continuation 0 Update *812. References (continued): Harris, Cyril M American Architecture: An J/Justrated Encvclopedia_ New York, WWNorton, 1998. Marsh, Diann. Santa Ana, An J/Justrated History. 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1910-1935. Armor, Samuel. Historvof Oranae County Los Angeles: History Record Company, 1921. Franklin, Don. "NWSanta Ana History: Roy Russell & Son, Builders" Unsourced article from the Santa Ana History Room Historic House File, circa 1995. PSb. Photo: (view and date) West and east elevations, March 2005. DPR 523l 15t:~1 0 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE S6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 2007 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 Stephen J. and Karen Ita Amsler, (hereinafter referred to as "Owners"), owners of real property located at 1904 North Flower Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1904 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. - 1 - E~F!11 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, 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 ofthis 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 - 25F-12 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing 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 - 25F-13 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ~) 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 - 25F-14 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1904 North Flower Street, Assessor Parcel Number, 399-051-11, 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: Stephen J. and Karen Ita Amsler 1904 North Flower Street Santa Ana, CA 92706 - 5 - 25F-15 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restnctIOns 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 - 25F-16 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Stephen J. Amsler Date: By: Karen Ita Amsler APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25F-17 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 64 of Tract 748, as per map recorded in Book 30 page 9 of Miscellaneous Maps in the Office of the Recorder of Said County. Assessor Parcel No. 399-051-11 - 8 - 25F-18 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25F-19 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25F-20 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) .....\J' . .'. ~,..". 'l . '" I' ~.~~ '. ("\' ;\ - 11 - 25F-21 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 ~:s- - 12 - 25F-22 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 - 13 - 25F-23 c.. <( :E z o - .... <( (J o ..J o .... o :I: c.. .... w w 0:: .... en 0:: w 3: o ..J LL :I: .... 0:: o Z ~ o en ~ I-._._._._._._._._.~ .Q~ e I I \::J ~ It> i . . I e e I- W w 0::: I- en I I- 0') ~ o LO ~ ..- I . I . I . 0 8 I 0 . LO I . I . I . I . I- W w 0::: I- en 0::: w $ o -.J u.. _._._._._._._._._.~ +~ z 25F-~4