HomeMy WebLinkAbout25F - AGMT - HPPA - 321 E EIGHTH STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011-03 FOR THE
PROPERTY LOCATED AT 321 EAST
EIGHTH STREET
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd 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
John L. Novak and Michelle D. Light, property owners, for the structure located at 321 East
Eighth Street, subject to non-substantive changes approved by the City Manager and City
Attorney.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute the attached agreement with John L. Novak and Michelle D. Light, property owners, for
the structure located at 321 East Eighth Street, subject to non-substantive changes approved by
the City Manager and City Attorney at its April 7, 2011 meeting by a vote of 5:0 (Bustamante
absent).
DISCUSSION
After the public hearing on April 7, 2011, 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. 2011-03
May 16, 2011
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by
an estimated $94.32 to $471.59 annually, for a period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja . Trevino
Executive Director
Planning & Building Agency
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hs\historic info\mills act agreements\321_E_8th\hppaI1-03.cc
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
`s
Exhibit: A. Historic Resources Commission Staff Report
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REQUEST FOR
Historic Resources Commission Action
HSTORIC RESOURCES CONMSSHON NEE TM DATE:
APRIL 7, 2011
HISTORIC RESOURCES COWSSION SECRETARY
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011-03 FOR THE PROPERTY
LOCATED AT 321 EAST EIGHTH STREET
Prepared by Hally Soboleske
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
CONTINUED TO
Executive Director 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 John L. Novak and Michelle D. Light, property owners, for the
structure located at 321 East Eighth Street subject to non-substantive changes approved by the
City Manager and City Attorney.
Request of Applicant
The applicants, John L. Novak and Michelle D. Light, request the approval of Historic Property
Preservation Agreement No. 2011-03 (Mills Act) between the property owner and the City of Santa
Ana.
Property Location and Site Description
The subject property includes an Italianate styled residence located at 321 East Eighth Street and
is within the French Park National Register Historic District. Surrounding land uses are all
residential (Exhibit 1). The lot is 4,504 square feet, and is developed with a 1,032 square foot
home and a single car detached garage.
Project Backaround
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 for 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.
F
25F-3
HPPA No. 2011-03
April 7, 2011
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 pursuant to Government Code Section 502380.1. The
subject property was placed on the local register as the Chilton House and categorized as
Landmark in 2001 by the Historic Resources Commission (Exhibit 2).
Analysis of the Issues
Upon consideration of the application, it is recommended that the City enter into a Historic Property
Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not
limited to, the following:
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.
Public Notification
This subject site is located within the French Park neighborhood. The president of this
Neighborhood Association was notified by mail prior to this meeting date although this is not a
public hearing item. No areas of concern were identified by the Neighborhood Association
president, nor was there a request that the applicant present the project to a meeting of their
members.
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.
25F-4
HPPA No. 2011-03
April 7, 2011
Page 3
Conclusion
Since the property meets all the requirements for eligibility for a Historic Property Preservation
Agreement, and there are no code violations noted at this site, a positive recommendation for a
Historic Property Preservation Agreement is given.
l
a y So leske
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Associat Planner
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321 East Eighth Street
PLANNING AND BUILDING AGENCY
EXHIBIT 1
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NAME Chilton House REF. NO. 139
ADDRESS 321 East Eighth Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1883 LOCAL REGISTER CATEGORY: Landmark
HISTORIC DCSTRICT French Park NEIGHBOR140 OD French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION B, C NATIONAL REGISTER STATUS CODE ID
Location: ? Not for Publication
USGS 7.5" Quad Date
® Unrestricted
T R V4 of V4 of Sec
B.M.
? Prehistoric ® Historic ? Both
ARCHITECTURAL STYLE: Italianate (Late Victorian)
DESCRIPTION/BACKGROUND REUATUD TO PERIOD ARCHITECTURE:
The Italianate (Late Victorian) style is chiefly identified by its window treatment: tall, relatively narrow, double-hung sash, with flat,
arched, or flattened arch heads often emphasized by hood moldings. Other typical features include low hipped or flat roofs, bracketed
cornices, and, particularly in residential examples, a square tower or cupola. In commercial usage, a raised pediment bearing the
name or date of the building is not uncommon. A variety of siding materials are used, usually with stringeourses between stories, and
sometimes with wall planes framed by quoins. Used for both residential and commercial buildings from the mid nineteenth century
through the 1890s, the Italianate style was adapted to "Main Street" commercial buildings and simplified, becoming the "commercial
vernacular" of the era (Whiffen, 99).
cmlhistori0templatesTighth E 321 (Chilton Howc)
12120!01
Pagel of 4
EXHIBIT 2
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CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
December 5, 1985. Relocation inspection.
November 26, 1986. Relocate historical residence over new basement and solarium.
November 26, 1986. Two-car garage with den over.
RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape)
None.
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and
boundaries.)
A fine example of Victorian era design, this is a two-story residence in the Italianate style. A truncated hip roof crowns the building,
accented by a projecting front gable on the east end of the fagade (south elevation). Curved brackets, placed at either side of the
second story windows, punctuate the enclosed soffits. A decorative bargeboard ornaments the gable end. Beneath the soffit
overhang, a vertically detailed frieze circles the building. Wide shiplap siding, trimmed with endboards, sheathes the house.
Spanning the first floor fagade, a pent hipped roof tops a three-bay, attached, front porch. Turned columns whose carved brackets
form an arched porch frieze support the porch roof. The porch railing features carved balusters alternating with blocks pierced by
circular cutouts. Located in the central bay, the entry contains a paneled door topped by a transom and approached by six stairs. Orbs
surmount the newel posts of the stairway. Below the front gable, the east bay of the house consists of a two-story squared bay.
Patterned shingles accent the upper story of the bay. Windows are one-over-one double-hung sash, arranged singly or in pairs, and
simply framed. Moved to this location in 1986, the house is substantially unaltered. Contemporary additions to the property include
an iron fence at the front and a two-story, wood-frame garage building in the rear, both of which are compatible in style and materials
with the historic character of the house.
HISTORIC HIGHLIGHTS:
Robert Francis Chilton, who arrived in Santa Ana in 1876, was in the banking business in the City for more than twenty-five years.
The head cashier of the Orange County Trust and Savings Bank, Chilton served as City Treasurer and was appointed postmaster in
1885. His other activities included development of property in northwest Santa Ana and service as the secretary of the Masons
(excerpted from Marsh, 1998).
Threatened with demolition at its original location on Sixth Street, the house was moved to this location and restored by Robert and
Diann Marsh, prominent local historians, in 1986.
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office
of Historic Preservation.)
HP2. Single-family Property
RESOURCES PRESENT:
® Building ? Structure ? Object ? Site
MOVED? ? No ® Yes ? Unknown Date: 1986
® District ? Element of District ? Other
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cmptistori6templatesTighth E 321 (Chilton House)
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25F-10
Original Location: 6's Street
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. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development
Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to
capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French
Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected
commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be
centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose
intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as a small park, now known as
French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as
a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly
created county of Orange.
Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of
the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined
streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single-family homes and
duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards,
residents were a "Who's Who" of early Santa Ana and included bankers, attorneys, doctors, businessmen, ranchers, teachers and
others active in the civic and social life of the city.
Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into
rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties
redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of
a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999.
One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for
demolition into French Park. The Chilton House is a case in point, moved from Sixth Street to Eighth Street in 1986. The property is
architecturally significant as a remarkably intact and highly characteristic example of the Italianate style dating to the mid 1880s
"boom" period. It is also noteworthy for its association with a prominent early resident, Robert Chilton, and for its contribution to the
historic character of the French Park district. All original and restored exterior features of the Chilton House are considered to be
character defining and should be preserved. These features include, but may not be limited to: materials and finishes (shiplap siding,
shingling); roof configuration and detailing; porch configuration and treatment; bays; windows and doors; and architectural detailing
such as brackets, bargeboards, frieze, columns, etc.
SUMMARY/CONCLUSION:
The Chilton House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District
Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California
Register. Included in the Santa Ana Register of Historical Property, the Chilton House has been categorized as "Landmark" because
it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," for its
association with prominent early resident Robert Chilton, and it "has a unique architectural significance" as an intact example of
Italianate residential design (Municipal Code, Section 30-2.2).
OWNER AND ADDRESS:
Page 3 of 4
cm\histonc\templates\Eighth E 321 (Chilton House)
12/20/01
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RECORDED BY: (Name, affiliation, and address)
Leslie J. Heumann
Science Applications International Corporation
35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105
DATE RECORDED: December 3. 2001
SURVEY TYPE: (Intensive, reconnaissance, or other)
Intensive Survey Update
REPORT CITATION: (Cite survey report and other sources)
Les, Kathleen. Historic Resources Inventory French Park District, March 1980.
Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998.
REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.)
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. 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: December 3, 2001
EXPLANATION OF CODES:
National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of
Historic Preservation)
A: that are associated with events that have made a significant contribution to the broad patterns of our history.
B: that are associated with the lives of persons significant in our past.
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)
ID: Contributor to a listed district.
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25F-12
MILLS ACT AGREEMENT
321 East a 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 May 2, 2011 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 John L. Novak and Michelle D. Light, (hereinafter referred to as "Owners"),
owner of real property located at 321 East Eighth 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 321 East Eighth
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.
- I -
EXHIBIT 3
25F-13
MILLS ACT AGREEMENT
321 East 84 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 Owners of the Historic Property
agree as follows:
Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 2, 2011, 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 Owners 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 Owners to the City at least ninety (90) days prior to the
annual renewal date, or served by the City to the Owners 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 Owners 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 Owners of nonrenewal.
d. If either the Owners 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:
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25F-14
MILLS ACT AGREEMENT
321 East 8 * Street
Santa Ana, CA 92701
a. Owners 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 Owners 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. Owners 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 Owners 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.
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25F-15
MILLS ACT AGREEMENT
321 East 8`' 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 Owners 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 Owners),
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 Owners or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owners 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
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25F-16
MILLS ACT AGREEMENT
321 East 8°i 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 321 East Eighth
Street, Assessor Parcel Number, 398-017-12, 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 Owners 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.
Owners 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 Owners 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: John L. Novak and Michelle D. Light
321 East 8th Street
Santa Ana, CA 92701
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MILLS ACT AGREEMENT
321 East 8`h 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 Owners agree 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 Owners 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 Owners hereby agree 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.
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MILLS ACT AGREEMENT
321 East a 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 Straka
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
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25F-19
DAVID N. REAM
City Manager
By:
John L. Novak
By:
Michelle D. Light
25F-20
MILLS ACT AGREEMENT
321 East a Street
Santa Ana, CA 92701
Exhibit A
P BK 216 PG 16 PAR 2
Assessor's Parcel Number: 398-017-12
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25F-21
25F-22
MILLS ACT AGREEMENT
321 East 8"' 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
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25F-23
MILLS ACT AGREEMENT
321 East a 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.
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25F-24
MILLS ACT AGREEMENT
321 East 8`!' Street
Santa Ana, CA 92701
25F-25
Exhibit C (photograph attached)
MILLS ACT AGREEMENT
321 East 8`h Street
Santa Ana, CA 92701
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25F-26
MILLS ACTAGREEMENT
321 East a Street
Santa Ana, CA 92701
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25F-27
321 EAST EIGHTH STREET
PHOTO LOCATION MAP
EIGHTH STREET
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O
25F-28