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HomeMy WebLinkAbout25B - AGMT - HISTORIC PROPERTY - 2335 N OAKMONTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-02 FOR THE PROPERTY LOCATED AT 2335 NORTH OAKMONT AVENUE �I CIT 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 Giles Benjamin Boden Candy and Kristin Meredith Candy, property owners, for the structure located at 2335 North Oakmont Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Giles Benjamin Boden Candy and Kristin Meredith Candy, property owners, for the structure located at 2335 North Oakmont Avenue, subject to non - substantive changes approved by the City Manager and City Attorney at its June 5, 2014 meeting by a vote of 7:0 (Hitterdale absent). DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $12.50 to $617.69 annually, for a period of not less than ten years. � Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hs\historic info \mills act agreaments12335_N_ Oakmont \hppa14- 2_2335NOakmont.cc Exhibit: A. Historic Resources Comm BSt1ff Report 25B -2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURC.ESCOnmASSION wEnW DATE: JUNE 5, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-02 FOR THE PROPERTY LOCATED AT 2335 NORTH OAKMONT AVENUE Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Interim Executive Director Acting ( ianning'Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Giles Benjamin Boden Candy and Kristin Meredith Candy, property owners, for the structure located at 2335 North Oakmont Avenue, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Giles Benjamin Boden Candy and Kristin Meredith Candy, request the approval of Historic Property Preservation Agreement No. 2014 -02 (Mills Act) between the property owner and the City of Santa Ana, Property Description The subject property includes an English Revival styled residence and garage located at 2335 North Oakmont Avenue and is within the Park Santiago Neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary 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 25B -3 HPPA No. 2014 -02 June 5, 2014 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 Anderson House and categorized as Contributive in March of 2004 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: 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. IV Hally Soboleske Associate Planner Serg otz, AICP Principal Planner HS :jm hslhistoric Infolmills act agreementst2335 _N_Oakmont\hppel4 -02 2335NOakmohthrc Attachments: Exhibit 1 — 500` Radius Map Exhibit 2 — Department of Parks and Recreation Form Exhibit 3 — Mills Act Agreement 25B -4 HPPA- 2014 -02 2335 North Oakmont Avenue PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY ANDERSON HOUSE 2335 North Oakmont Avenue Santa Ana, CA 92706 NAME Anderson House REF. NO. ADDRESS 2335 North Oakmont Avenue CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE S53 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Late Nineteenth and Twentieth Century Revivals /Other: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates rakes of uneven lengths, with one side of a gable extending a greater distance than the otter, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their Tudor cousins, are often rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARWCONCLUSION: The Anderson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Park Santiago neighborhood, and, as an Engl ish Revival home, "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 0 7, "How to Nominate Resources to the California Register of I- storical Resources," September 4,200 L) 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.) EXHIBIT 2 Page 1 of 4 25B -6 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) Anderson House P1. Other Identifier: *P2. Location: ❑Nat for Publication ■Unrestricted *b. USGS 7.5' Quad Orange TCA 1725 *c. Address 2335 North Oakmont Avenue *e. Other Locational Data: Assessor's Parcel Number: *a. County Orange County Date: City Santa Ana Zip 92706 003- 091 -26; N TR 378 BLOCK: B LOT: 10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one -story residence displays the English Revival style. Covered with stucco, the building is topped by a fairly steeply pitched cross -gable roof. Tall, arched louver vents are located in the gable ends. The U- shaped fagade consists of three sections: a large, front- gabled, projecting wing on the north, a small, hipped roof bay that also projects on the south, and a recessed, side -gable connecting wing that contains a small, open patio and the entry. A large, tripartite window with a segmented arch transom is centered on the fagade of the north wing. Tucked beneath the overhang of the hipped roof, a double casement window is located in the south wing. Partially enclosed by a low wall, the central patio is also somewhat shaded by the roof overhang, and features a glazed front door flanked by sidelights that faces the street (west) and a pair of French doors oriented to the south. An arched opening pierces a wing wall at the north end of the fagade, while a lower wing wall on the south end curves downward towards the driveway. Bisected by a strip of grass, the "Hollywood driveway" leads to a stuccoed and front - gabled garage that echoes the colors and materials of the house. Appearing substantially unaltered from the street, the property Is handsomely landscaped with flowering shrubs, a lawn, and a now entry path. *P3b. Resource Attributes: (list attributes and codes) HP2, Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P6b. Photo: (view and date) West elevation February 2004 *P6. Date Constructed /Age and Sources: ■historic 1923/City of Santa Ana Building Permits *P7. Owner and Address:. Ronald C & Sylvia D Richardson 2335 North Oakmont Avenue Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 2, 2004 *P10. Survey Type: Intensive Survey Update *Attachments: ONone CLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record OMilling Station Record ❑Rock Art Record IlArtifact Record OPhotograph Record 17 Other (list) OPR 523A (1195) Page 2 of 4 25B -7 *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 5S3 "Resource Name or 9: Anderson House 81. Historic Name: Anderson House B2. Common Name: Same B1 Original Use: Single - family Residence B4. Present Use: Single- family Residence *B5. Architectural Style: English Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923. April, 1923. Residence and garage, October 18, 1935, Alterations. May 20, 1942. Reroof. Augusl8, 2002. Add master bedroom & bathroom (relocated one existing bathroom to new addition). Change -out windows in kitchen & living room with same size. *87. Moved? ■No ❑Yes ❑Unknown Date: Original Location; *138, Related Features: "Hollywood driveway" and garage. 139a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 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 Anderson House is architecturally significant as an intact example of the English Revival style and as one of the first homes to be constructed on OakmontAvenue after it was opened in 1923. According to the building permit records, the house was built in 1923 at a cost of $5,000 for R. Frazer. The first residents of the house were Lyle and Emma Anderson, who lived at this address until at least 1935. Mr. Anderson was a salesman fertile National Cash Register Company. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 813. Remarks: *1314. Evaluator; Leslie J. Neumann *Date of Evaluation: February 2, 2004 "Required information (This space reserved for official comments.) DPR 5298 (1195 Page 3 of 4 25B -8 Sketch Map x.exwr ntabi p I � i a �.xht Anderson House 2335 North Oakmont Avenue State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Leslie J. Heumann, SAIC "Date February 2, 2004 IM Continuation ❑ Update "B10. Significance (continued: The Anderson House is Located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1 -5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street, the Atchison, Topeka, and Santa Fe tracks followed Lincoln, and the Southern Pacific Railroad right -of -way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1906, the city directories listed around twenty households on East Santa Clara, Twentieth Street, 'C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower' as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid- 1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people In service professions such as painters, electricians, and carpenters made their homes in the western hall of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single - family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War /l. The Anderson House qualifies for listing in the Santa Ane Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Park Santiago neighborhood, and, as an English Revival home, "is a good example of period architecture." The Anderson House displays typical features of this popular revival style of the 1920s and 1930s, including a cross - gabled roof of moderately steep pitch, a "U "shaped fegade, that embraces a patio, arched openings, and a decorative pattern of muntins in the windows. Character - defining exterior features of the Anderson House that should be preserved include, but may not be limited to: materials (stucco); roof configuration and detailing; massing; originator restored windows and doors; patio; architectural details (such as the attic vents and wing walls); "Hollywood driveway; and garage. *1312. References (continued }; 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. Office of Historic Preservation. "Instructions for Recording Historical Resources.' Sacramento., March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1906 -1935. Historic Maps, Santa Ana History Room, 1912, 1923, 1932 and 1955. DPR 523L Page 4 of 4 25B -9 MILLS ACTAGPEEMENT 2335 North Oakmont Avenue Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement') is made and entered into this July 1, 2014 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 Giles Benjamin Boden Candy and Kristin Meredith Candy, (hereinafter referred to as "Owner "), owners of real property located at 2335 North Oakmont Avenue, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with 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 2335 North Oakmont Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new *A:11 -1hW -1- 25B-10 MILLS ACTAGREEMENT 2335 North Oakmont Avenue Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 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 July 1, 2014, 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 parry. 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- 25B-11 MILLSACTAGREEMENT 2335 Nordi Oakmont Avenue Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owners 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 Cormnission, 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 utnepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or famiture; 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's 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. -3- 25B-12 MILLS ACT AGREEMENT 2333 North Oakmont Avenue Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public heating by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners 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 Owners have failed to restore or rehabilitate the property in the mariner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 '/) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by erninent 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 terns of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, 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 thne 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 terns of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terns 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 clairn 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- 25B-13 MULS ACT AGREEMENT 2335 North OahnontAvenue Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 2335 North Oakmont Avenue, Assessor Parcel Number, 003 - 091 -25, 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 whetber 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 Owner as a result of the effect upon the assessed value of the property oil the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the teens of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: Giles Benjamin Boden Candy ll-istin Meredith Candy 2335 North Oakmont Avenue Santa Ana, CA 92706 -5- 25B-14 MILLS A CT A GREEMENT 2335 North Oakniont A venue Santa Ann, CA 92706 10. General Provisions. a. None of the terns, 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 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 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 inanner 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- 25B-15 MILLSACTAGREEMENT 2335 North Oakmont Avenue Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation, 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager Owner Date: By: Giles Benjamin Boden Candy Date: By: Kristin Meredith Candy APPROVED AS TO FORM: SONIA CARVALHO City Aorjpey , IC Attorney -7- 25B-16 MILLSACTAGREEMENT 2335 North Oulanont Avenue Santa Ana, CA 92706 Exhibit A Lot 10, Block B of Tract No, 378 in the City of Santa Ana, County of Orange, State of California, as per trap recorded in Book 16, Page 4 of Miscellaneous Maps in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 003- 091 -25 _g_ 25B -17 MILLS ACT AGREENNENT 2335 North Oalwont Avenue Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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 enviromnent, 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. 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- 25B-18 MILLS ACT AGREEMENT 2335 North Oahrnont Avenue SaataAna, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a mamier that if such additions or alterations need to be removed in the future, the essential fonn and integrity of the structure would be unimpaired. _ tp_ 25B -19 I ot 2335 NORTH OAKMONT AVENUE PHOTO LOCATION MAP OAKMONT 50.0 I O I I I I I I I I 1 1 ` I 150.09 I 1 I 1 I 1 I I I I � Y I I NORTH 256 -21 25B -22