HomeMy WebLinkAbout25B - HPPA 202 W EIGHTEENTHREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-10 FOR THE
PROPERTY LOCATED AT 202 WEST
EIGHTEENTH STREET
~"-
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Susan Anthony for the structure located at 202
West Eighteenth Street, subject to non-substantive changes approved by
the City Manager and City Attorney.
HISTORIC RESOURCES COI~IISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Susan Anthony for the
structure located at 202 West Eighteenth Street, subject to non-
substantive changes approved by the City Manager and City Attorney at its
September 4, 2008 meeting by a vote of 7:0.
DISCUSSION
After the public hearing on September 4, 2008, 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.
25B-1
HPP Agreement No. 2008-10
October 6, 2008
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $106.55 to $532.75 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja Trevino
Executive Director
Planning & Building Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency ~-
HS:rb
hs\historic info\milla act agreements\202_W_18th/hppa08-l0.cc
25B-2
REQUEST FOR
Historic Resouroes Commission Action
Nsro~lc I~soulx~s oon~sloN tVEETNG OiATE:
SEPTEMBER 4, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-10 FOR THE PROPERTY
LOCATED AT 202 WEST EIGHTEENTH STREET
Prepared by Hally Soboleske
I-rsrowc ~soul~soon~unssloN sEC~ra~r
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
_ - ~~-'
Executive Director Planning M ager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Susan Anthony for the
structure located at 202 West Eighteenth Street, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Request of Applicants
The applicant, Susan Anthony, requests the approval of Historic Property
Preservation Agreement No. 2008-10 (Mills Act) between the property
owner and the City of Santa Ana.
Property Description
The subject property includes a single-story residence and a detached,
one-car garage located at 202 West Eighteenth Street (Exhibit 1) The
property is not within any organized neighborhood. boundary and .the
surrounding land uses are commercial office with multi-family residences
to the north.
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
25B-3
HPPA No. 2008-10
September 4, 2008
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 2001 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 Craftsman Bungalow 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 under General Rule
Section 15061(b)(3), and therefore, the recommended action is exempt
from further review. A Notice of Exemption will be filed for this
project. _ ,~~
ally So oleske Sergio t I P
Associat Planner Princip 1 P1
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25B-4
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HPPA-2008-10
202 West Eighteenth Street
PLANNING AND BUILDING AGENCY
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NAME Ben Warner House REF. NO. 113
ADDRESS 202 West Eighteenth Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD N/A
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE SS1
Location: ^ Not for Publication ®Unrestricted
USGS 7.5" Quad Date: T R '/4 of '/4 of Sec B.M.
^ Prehistoric ®Historic ^ Both
ARCHITECTURAL STYLE: Bungalow/Craftsman
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:
Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The
Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of
Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed
honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A
new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of
capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low-pitched gable and
hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive
use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and
broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early
1920s.
Page 1 of 4
cmVtistoric\templa[es\Eighteenth W 202 (Ben Warner House)
10/19/01
2 II~[T 2
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
November 23, 1937. Reroof.
November 18, 1952. Remodel side windows.
October 15, 1982. Reroof.
RELATED FEATURES: (Other important. features such as barns, sheds, fences, prominent or unusual trees, or landscape)
Evergreen tree in front yard.
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and
boundaries.)
This fine example of Craftsman bungalow styling is one story in height and capped by a front gable roof of shallow pitch. Vertical
slats form the gable face. Rafters and beams with carved ends are exposed within the deep eave overhangs. The front porch spans the
facade, recessed beneath the gable that becomes a pergola on the west end. Porch supports display the Craftsman enthusiasm for
exposed structure and consist of posts with corbeled pedestals and capitals composed of intersecting beams. The porch is only raised
a couple of steps above the street, in keeping with the low, ground-hugging character of the style. Narrow lap siding sheathes the
structure. A broadly proportioned window and main door flanked by sidelights open onto the porch. No major alterations
compromise the design.
HISTORIC HIGHLIGHTS:
This house was constructed for Ben and Nellie Warner in 1917, who occupied the residence for about 20 years. Ben Warner was the
proprietor of the Central Body Works, an auto painting and repair shop. In the late 1930s, Herb Alleman, a realtor and appraiser, and
Emily Alleman purchased the house. The same family remained at this address until at least 1982, when Victor Alleman applied for a
permit to re-roof the dwelling.
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office
of Historic Preservation.)
HP2. Single-family Property
Page 2 of 4
cm~historicuemplates~Eighteenth W 202 (Ben Warner House)
10/19/01
25B-7
RESOURCES PRESENT:
® Building ^ Structure
MOVED? ®No ^ Yes
^ District ^ Element of District
Original Location:
^ Other
STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme,
period, geographic scope, and integrity.)
Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho
Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and 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.
Santa Ana continued to grow steadily, surviving an economic downturn in the 1890s and gaining momentum in the first decade of the
20t1i century. The older neighborhoods closest to the downtown commercial district and to the churches, clubs, and institutions began
to be filled up and homebuilders looked elsewhere for land. This trend outward from the City's historic core was symbolized by the
construction of Santa Ana High School on Main Street at Tenth Street in 1900 (demolished in the 1940s to make way for the new
Buffum's Department Store).
Nearly all of the new homes constructed during the two decades following the turn of the century were Craftsman in style. The Ben
Warner House is an excellent example of the type, with its strongly horizontal lines, exposed structural elements, and use of wood
reminiscent of Japanese architectural traditions. Character-defining exterior features of the Ben Warner House, which should be
preserved, include but may not be limited to: roof configuration and treatment (beams, rafters, pergola, etc.); open porch
configuration and elements (porch supports, wall, steps); original materials and finishes; and original doors and windows.
SUMMARY/CONCLUSION:
This resource is currently listed in the Santa Ana Register of Historical Property. It is significant under Criterion 1 in that it embodies
the "distinguishing characteristics of an architectural style or period." The Ben Warner House has been categorized as "Key" because
it "has a distinctive architectural style and quality" as an example of the Craftsman style (Municipal Code, Section 30-2.2).
OWNER AND ADDRESS:
^ Object ^ Site
^ Unknown Date:
Page 3 of 4
cmUiistoric\[empla[es\Eighteenth W 202 (Ben Warner House)
10/19/01
25B-8
RECORDED BY: (Name, affiliation, and address)
Leslie J. Heumann
Science Applications International Corporation
35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105
DATE RECORDED: October 4, 2001
SURVEY TYPE: (Intensive, reconnaissance, or other)
Intensive Survey Update
REPORT CITATION: (Cite survey report and other sources)
City of Santa Ana. Santa Ana's Historic Treasures.
REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.)
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, W W Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated 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.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: October 4, 2001
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 tack individual distinction.
National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic
Preservation)
SSI : Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation,
and, is a contributor to a fully documented district that is designated or eligible for designation as a local
historic district, overlay zone, or preservation area under an existing ordinance or procedure.
Page 4 of 4
cm\historic\templates\Eighteenth W 202 (Ben Warner House)
10/19/01
25B-9
MILLS ACT AGREEMENT
202 West Eighteenth 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 §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this October 6, 2008 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 Susan Anthony, (hereinafter referred to as "Owner"), owner of real property
located at 202 West Eighteenth 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 202
West Eighteenth 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.
E~~~ O
MILLS ACT AGREEMENT
202 West Eighteenth 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 October 6, 2008, 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 of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
2~B-11
MILLS ACT AGREEMENT
202 West Eighteenth 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
ofcharacter-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.
2~6-12
MILLS ACT AGREEMENT
202 West Eighteenth 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 %2) 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 maybe 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 maybe 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
2~g-13
MILLS ACT AGREEMENT
202 West Eighteenth 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 202 West
Eighteenth Street, Assessor Parcel Number, 002-164-08, 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
Owners: Susan Anthony
202 West Eighteenth Street
Santa Ana, CA 92706
-5-
256-14
MILLS ACT AGREEMENT
202 West Eighteenth 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 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-
256-15
MILLS ACT AGREEMENT
202 West Eighteenth 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:
PATRICIA E. HEALY
Clerk of the Council
PROPERTY OWNER:
Date:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Susan Anthony
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
-7-
256-16
MILLS ACT AGREEMENT
202 West Eighteenth Street
Santa Ana, CA 92706
Exhibit A
Lot 4, McIllwant's Subdivision of Block "E" of Goepper's Addition to Santa Ana, in the
City of Santa Ana, County of Orange, State of California, as shown on map recorded in
Book 4, Page 76f Miscellaneous Maps, in the office of the County Recorder of said County.
Assessor Parcel No. 002-164-08
-8-
256-17
MILLS ACT AGREEMENT
202 West Eighteenth 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
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256-18
MILLS ACT AGREEMENT
202 West Eighteenth 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.
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25B-19
MILLS ACT AGREEMENT
202 West Eighteenth Street
Santa Ana, CA 92706
Exhibit C
(photographs attached)
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MILLS ACT AGREEMENT
202 West Eighteenth Street
Santa Ana, CA 92706
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256-21
MILLS ACT AGREEMENT
202 West Eighteenth Street
Santa Ana, CA 92706
-13-
256-22
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