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HomeMy WebLinkAbout25E - 904 N OLIVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-11 FOR THE PROPERTY LOCATED AT 904 NORTH OLIVE STREET.. ~ __ i- CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S1 Readinc ^ Ordinance on 2"d Readin ^ 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 Cindy Carcamo and Michael Mello for the st ucture located at 904 North Olive Street, subject to non-substantive hanges approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and C erk of the Council to execute the attached agreement with Cindy Carc mo and Michael Mello for the structure located at 904 North Olive treet, subject to non-substantive changes approved by the City Manager a d City Attorney at its October 2, 2008 meeting by a vote of 5:0 (D'ckman, O'Callaghan absent). DISCUSSION After the public hearing on October 2, 2008, the Historic Re ources Commission reviewed the proposed Historic Property Preservation Ag Bement (Mills Act Contract) and concluded that the resulting potential p operty tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both th owner and the community (Exhibit A) Additionally, the agreement p events inappropriate alterations. 25E-1 HPP Agreement No. 2008-11 November 17, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement revenue to the City by an estimated $88.83 period of not less than ten years. will reduce the prope$~ty tax to $444.13 annually, for a APPROVED AS TO FUNDS AND AC Jay M. Trevino Francisco Gutierrez o xecutive Director Executive Director Planning & Building Agency Finance & Management Services HS:rb hs\historic info\milla act agreements\904_N_Olive\hppa08-ll.cc yf~ 25E-2 REQUEST FOR Historic Resouroes Commission Action Hsrawc r~souRCES ooi~.ssioN ~rrvo DATE OCTOBER 2, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-11 FOR THE PROPERTY LOCATED AT 904 NORTH OLIVE STREET APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Exec ive rector Planning Ma ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Cindy Carcamo and Michael Mello for the structure located at 904 North Olive Street, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Cindy Carcamo and Michael Mello, request the approval of Historic Property Preservation Agreement No. 2008-11 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Spanish Colonial Revival residence and a detached, two-car garage located at 904 North Olive Street (Exhibit 1). The property is within the Washington Square neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. 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 25E-3 HPPA No. 2008-11 October 2, 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 Contributive in September 2008 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 Spanish 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 recommended action is Section 15061 (b) (3) , from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this ~- Ha ly boleske Associ e Planner HS j m hs\historic info\mills act agreements\hppa08-ll.hrc Sergi Princ 25E-4 2~Ois 20~ w 1~ ~ 2a3 ~ t#1 ~~ S saos 220i 21~ 136 ~ 21i3 133 ~ 21l1 1 125 13.9 12 133 11 '1 ti ~ a o ~ ~- ~ ~ ~ 2an Q 3 _~ K ~ '~ [7 Z0iD1 19 19.28 1920 1909 191 1913 1 1919 91! 1916 ._._ 19iS 500' RADIUS HPPA-2008-11 904 South Olive Street PLANNING AND BUILDING AGENCY ~~i~ EXECUTIVE SUMMARY GRANT HOUSE 904 North Olive Street Santa Ana, CA 92703 NAME Grant House REF. NO. ADDRESS 904 North Olive Street CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSl Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Grant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission/Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Mission/Spanish Colonial Revival style in the Washington Square neighborhood, "is a good example of period architecture" (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 of a 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 SSl: Individual property that is listed or designated locally. EXHIBIT 2 2~~ State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 _ Resource name(s) or number (assigned by recorder) Grant House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0053 Date: *c. Address 904 North Olive Street City Santa Ana Zip 92703 *e. Other Locational Data: 405-183-37 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story stucco-clad house displays signature features of the Spanish Colonial Revival style. Rectangular in plan, the house is primarily side-gabled, framed by two unevenly sized front gables that cap projecting side wings. Clay tiles cover the gables and slightly sloped portion of the roof in the rear of the building. Between the two wings, a central patio is enclosed by a low stucco wall whose design incorporates a Mission Revival-inspired arch, accented with a decorative iron grillwork. Elevated on one step, the entry is located within asouth-facing archway, opening onto the patio from the north wing. A tripartite wood-framed window, consisting of a trxed center light flanked by three-light casements, overlooks the patio. On the north portion of the facade, the projecting side wing features a trxed pane window flanked by two narrow double-hung sashes, topped with an arched four-light transom. Attic vents formed of clusters of clay pipes project from the gable apexes and exterior walls above the windows. Fenestration on the south wing is provided by three-light casement windows, deeply recessed within an arched wood frame. Side elevations are similiarly fenestrated with casement and double-hung, wood- framed sashes in a variety of configurations. Sheltered beneath an awning, a secondary entrance elevated on three steps marks the south elevation. A stucco-clad chimney with a flared base projects from the exterior wall of the north elevation. Approached by a pathway that bisects a front lawn landscaped with mature trees, the house is substantially unaltered and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other -~; 5 ^ V..~ None. P5b. Photo: (view and date) East elevation August 2008 *P8. Date Constructed/Age and Sources: ^historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: Vidal Alvarado 904 N. Olive St. Santa Ana, CA 92703 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: August 13, 2008 *P70. Survey Type: Intensive Survey Update *P17. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 5 ~g~~of 4 *Required information State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Grant House 61. Historic Name: Grant House B2. Common Name: Same B3. Original Use: Single-family Residence 84. Present Use: Single-family Residence *65. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927 August 31, 1927. Residence and garage, $5,000. October 28, 1941. Reroof, $130. October 13, 1948. One fixture installed, $90. March 9, 1953. Termite repairs, $110. October 17, 1969. Wafer heater installed. August 21, 1987. Two electrical fixtures installed. March 13, 1989. Repair bath floor, replace drywall, and instal! two plumbing fixtures. November 14, 1991. Add bathroom and walk-in closet and rear of residence, 96 square feet total (permit to replace BP#55941). October 12, 1999. Tear off cap sheet and apply new cap sheet and reroof, $2,320. *67. Moved? ^No Yes DUnknown *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 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 Grant House is architecturally notable as an intact and representative example of the Spanish Colonial Revival style. According to the original building permit, the house and garage were built in 1927 for Mrs. Margaret Grant for a cost of $5,000. City directories indicate that Mrs. Grant, the widow of Alex Grant, occupied the residence for nearly a decade, until circa 1937, when the home was purchased by Elizabeth M. Campbell. Campbell, a title searcher with the Orange County Title Company, remained in the home until at least the early 1960s. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: Gist attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: August 13, 2008 (This space reserved for official comments.) DPR 5236 (1/95) Date: Original Location: ~~e~ Sketch Map 904 N. Olive St. 405-083-37 ~ O .CO O O ~ ~, N ® O ~ ~O ~ O ® 0 0 0 U00 t a s ~ © ® ~o®o ~ a~vr *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Grant House "Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 13, 2008 ~ Continuation ^ Update *610. 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. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Grant House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House of 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War ll. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Grant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its materials of file and stucco, casement windows, use of arches, and incorporation of a patio into the plan. Additionally, the house has been categorized as "Contributive" because if `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Reviva! style `is a good example of period architecture." Character- defining exterior features of the Grant House that should be preserved include, but may not be limited to, materials and finishes (stucco, tile); roof configuration and detailing; original windows and doors where extant; chimney; patio, architectural details such as the Mission Revival-influenced arch and circular clay pipe vents. "B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisfory. 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 Depf. of the Inferior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Historic Maps, Santa Ana History Room, 1923, 1932, 1955. Santa Ana and Orange County Directories, 1926-1961. DPR 523E 'f MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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 November 3, 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 Cindy Carcamo and Michael Mello, (hereinafter referred to as "Owners"), owner of real property located at 904 North Olive Street, Santa Ana, California, 92703 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 904 North Olive Street, Santa Ana, CA, 92703 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$1~T'~ Q MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 3, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E-11 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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. -3- 25E-12 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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 -4- 25E-13 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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 904 North Olive Street, Assessor Parcel Number, 405-183-37, 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: Cindy Carcamo and Michael Mello 904 North Olive Street Santa Ana, CA 92703 -5- 25E-14 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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. 2~E-15 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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 OWNERS Date: By: CITY OF SANTA ANA DAVID N. REAM City Manager Cindy Carcamo Date: By: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Michael Mello -7- 25E-16 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 Exhibit A N TR 455 LOT 36 Assessor Parcel No. 405-183-37 -8- 25E-17 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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- 25E-18 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 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- 25E-19 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 Exhibit C (photographs attached) -11- 25E-20 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 -12- 25E-21 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 -13- 25E-22 904 NORTH OLIVE STREET PHOTO LOCATION MAP OI ive Street i NORTH 50' I I O DRIVEWAY I O O I I O • I I I • • I 112.0' I • I I • I • I • I L • 25E-24