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HomeMy WebLinkAbout25F - 1541 EAST FOURTH STREETREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-04 FOR THE PROPERTY LOCATED AT 1541 EAST FOURTH STREET -? ~ . ~. ~~ ir~~ ._____ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of t attached agreement with Noel and Clare Bonn structure located at 1541 East Fourth Street changes approved by the City Manager and City HISTORIC RESOURCES COMMISSION ACTION he Council property subject to Attorney. Recommended that the City Council authorize the the Council to execute the attached agreement property owners, for the structure located at subject to non-substantive changes approved by Attorney at its October 1, 2009 meeting by a Gartner, O'Callaghan absent). DISCUSSION to execute the owners, for the non-substantive City Manager and Clerk of with Noel and Clare Bonn, 1541 East Fourth Street the City Manager and City vote of 5:0 (Bustamante, After the public hearing on October 1, 2009, 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. 2009-04 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $118 to $549 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: L~- '~ ~, Jay M revino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\1541_E_Fourth\hppa09-04_1541_E_FOUrth.cc 25F-2 REQUEST FOR Historic Resources Commission Action I:I~7i~:~.•I7~~•. :.«'~~«~.'~i i~+_ ..~.- a a~ -. ~,_ i OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-04 FOR THE PROPERTY LOCATED AT 1541 EAST FOURTH STREET HISTORIC RESOURCES COMVIIS.SION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director l Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the the Council to execute the attached agreement property owners, for the structure located at subject to non-substantive changes approved by Attorney. DISCUSSION Request of Applicant City Manager and Clerk of with Noel and Clare Bonn, 1541 East Fourth Street the City Manager and City The applicants, Noel and Clare Bonn, request the approval of Historic Property Preservation Agreement No. 2009-04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Spanish Colonial Revival styled residence and garage located at 1541 East Fourth Street and is within the Saddleback View Neighborhood. Surrounding land uses are residential (Exhibit 1), and an office building directly east. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25F-3 HPPA No. 2009-04 October 1, 2009 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 as the Safely House and categorized as Contributive in October of 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). 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 Associa Planner Princi HS jm hs\historic info\mi11s act agreements\1591 E Fourth\hppa09-04 1541 E Fourth.hrc o~~ ~CP an r 25F-4 ~ w at car sau .~ rn E as ssr ~ ,m nwia-a yyy s „,~ Sn C ~ ~ ` ~ a i ~ ~ ~ n s + ~M ~T d att >~ bt su ~~. 8 sm ~ ~ ~ ass ~~ ~ aav A aa~ any aev ~ ~ ms as sas asn aos saa su soa ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 .ar ar t~T3T 500' RADIUS HPPA-2009-05 1541 E. Fourth Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25F-5 NAME Safley House REF. NO. 81 ADDRESS 1541 East Fourth Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Saddleback View NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE SSl Location: ^ Not for Publication USGS 7.5" Quad ^ Prehistoric Date: ® Historic ® Unrestricted T R ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: '/4 of '/4 of Sec B.M. 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. Page 1 of 4 cm\historic\templates\Fourth 1541 E (Safley) EXHIBIT 2 9/27/0 25F-6 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 3, 1925. Residence and garage. September 13, 1938. Extend garage. December 2, 1938. Garage. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Detached garage. Large evergreen tree on the east side of the property. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This one-story Spanish Colonial Revival house presents a symmetrical, three-bay facade to the street. Covered in smooth white stucco, the building is topped by a flat roof hidden by a parapet edged with red clay the coping. In the center fagade bay, an attached porch is enclosed beneath afront-gabled roof, also covered in red clay tile. Arched openings are located on three sides of the porch projection, within which the entry is also round-headed. Two tripartite window groupings on either side of the porch consist of narrow casements flanking the broad fixed sash. Louvered attic vents are centered in the wall above each window grouping. Complemented by its landscaping, the house is unaltered. The property also contains aone-story garage whose appearance echoes that of the house, with stucco siding and roof coping of red clay tile. HISTORIC HIGHLIGHTS: Clarence and Minerva Safley built this house in 1926. Their daughter, Mary Safley, who lived with them for several years, was a teacher at McKinley School and later at Santa Ana High School. Mr. Safley died around 1948; his wife remained in the house. In the 1950s, Stephen and Florence Palmer purchased the house. Stephen Palmer was the Minister of Music at the First Presbyterian Church and taught music at Santa Ana High School (Treasures). 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\historic\templates\Fourth 1541E (Safley) 9/27/0 I 25F-7 RESOURCES PRESENT: ® Building ^ Structure MOVED? ®No ^ Yes ^ Object ^ Site ^ Unknown Date: Original Location: 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. The City grew, more or less steadily, into the 20th century, experiencing a boom in residential construction in the 1920s, when many new neighborhoods were developed and empty lots in older areas were filled. The California style of living evidenced itself in the abundance of Spanish Colonial Revival style buildings, which were commonly built during the 1920s and early 1930s. The Safley House is architecturally interesting as an example of a modestly scaled Spanish styled home from the mid 1920s. Character-defining exterior features of the house, which should be preserved, include but may not be limited to: smooth stucco siding; red clay file roofing and coping; symmetrical, three bay facade configuration; attached porch; arched openings; and original fenestration. 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 building period associated with a specific period of development. It has been categorized as "Contributive" because the building "contributes to the overall character and history" of Santa Ana, "is good example of period architecture," and "has not been substantially altered" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: cm\historic\templates\Fowth 1541E (Safley) 9/27/01 Page 3 of 4 ^ District ^ Element of District ^ Other 25F-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: September 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 Enc clopedia New York WW 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: September 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 lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) SS1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. Page 4 of 4 cm\historic\[emplates\Fourth 1541E (Safley) 9/27/01 25F-9 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 2, 2009 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 Noel and Clare Bonn, (hereinafter referred to as "Owner"), owners of real property located at 1541 East Fourth Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1541 East Fourth Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E L7r'~ MILLS ACT AGREEMENT 1541 Easl Fourth Street Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 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 2, 2009, 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- 25F-11 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agree 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-12 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have 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 have 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 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-13 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 1541 East Fourth Street, Assessor Parcel Number, 398-393-17, 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' 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: Noel and Clare Bonn 1541 East Fourth Street Santa Ana, CA 92701 -s- 25F-14 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' 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- 25F-15 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney DAVID N. REAM City Manager By: Noel Bonn By: Clare Bonn -~- 25F-16 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 Exhibit A LOT 14 OF TRACT NUMBER 319 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14 PAGE 37 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 398-393-17 -8- 25F-17 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25F-18 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25F-19 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 -11- 25F-20 Exhibit C (photographs attached) MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 -12- 25F-21 MILLS ACT AGREEMENT IS41 East Fourth Street Santa Ana, CA 92701 -13- 25F-22 1541 EAST FOURTH STREET PHOTO LOCATION MAP FOURTH 59.44 E I ~ 1 A . S I T 0 ' S I I I D • E I I I 121.26 I 1 I I I I O I I O I 1 I 1 I 1 NORTH 2~f -23 25F-24