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06-1205_ARMITAGE, DAVIS & DIANE_E9_Agenda Report• AGENDA REPORT TO: Dave Adams, City Manager Qlc� FROM: William Cunningham, Interim Planning Director • 12/5/2006 E9 SUBJECT: Consideration of Mills Act Contracts for Various Inventory of Historic and Cultural Landmarks (IHCL) Properties RECOMMENDATION. By motion: 1) Authorize the Mayor to execute Mills Act Contracts for the maintenance and preservation of the following IHCL properties: 26711 Verdugo Street, Lupe Combs House; APN 121-141-24; Mukai 31712 Los Rios Street, Clarence Lobo House, APN 121-141-20, Mazzei & Mukai 31701 Los Rios Street, Rios/Stanfield House, APN 121-143-04, Douraghi 31501 La Matanza Street, Walter Congdon & C.C. McCary Houses, APN 124- 203-23, Ewing 31491 La Calera Street, Ross Ranch House, APN 124-212-16, Armitage 31319 Andres Pico Road, Durnford/Marco Forster House, APN 124-201-24, Jacob & Zell, and, 2) Direct the Planning Department to process the recording of the Mills Act Contracts with the County of Orange. SITZIATION Summary and Recommendation: According to California Government Code Section 50280 ("Mills Act"), the City is authorized to enter into contracts with property owners to provide incentives for historic preservation of qualified historic properties. The provisions of the contract provide for appropriate use as well as maintenance and rehabilitation of these historic properties while preserving the historic integrity and character -defining features. Homeowners must enter into a minimum ten (10) year Mills Act contract with the City to assure maintenance and preservation of the property. As an incentive to enter into the contract, the Mills Act allows the County Tax Assessor to assess the value of the property using a formula which can result in lower property taxes. The owners of the above properties have submitted applications requesting Mills Act Contracts and are all qualified historic properties (see Attachment 1). It is recommended Agenda Report • • Page 2 December 5, 2006 that the City Council authorize the execution and recordation of all of the proposed contracts. Background and Description: The Mills Act is a tax incentive developed by Senator John Mills of the State legislature in 1972 as a method to give property owners incentives to preserve their designated historic property. The incentive provides for a potential reduction of the property taxes paid by the property owner. The Act also provides the legislature with a means to document the property and secure the condition of the property for a minimum of ten (10) years by working with local government. The governing jurisdiction (City in this case) reviews the applications, verifies the property condition and executes the contract, which is then recorded with the County. Any contracts recorded prior to December 31 of a given calendar year will go into effect for the valuations in the following tax year. The assessments which result from the contract are completely the responsibility of the County Tax Assessor's office. The City Council reviewed and adopted the Mills Act Contract format on October 15, 1996. The City has previously entered into several Mills Act Contracts: the Hankey Rowse Cottage at the corner of Ortega Highway and Via Cristal in 1996, the "Buddy" Forster House, Rodman House and Trullis properties in the Los Rios Historic District in 2000, and the Stroschein House on EI Camino Real in 2004. The properties that have applied for Mills Act Contracts are located either in the Los Rios Historic District or the Mission Hill -Mission Flats areas (see Attachment 2) and are briefly described as follows: 26711 Verdugo Street Lupe Combs House Vernacular, wood board and batten structure built approximately 1870, originally located in Forster City near current day Camp Pendleton. Contributor to the Los Rios National Register Historic District designated in 1983. 31712 Los Rios Street Clarence Lobo House Vernacular, wood board and batten structure built approximately 1910. Contributor to the Los Rios National Register Historic District designated in 1983. 31701 Los Rios Street, Rios/Stanfield House Vernacular, wood clapboard siding and board and batten structure built approximately 1890. Contributor to the Los Rios National Register Historic District designated in 1983, exterior restored 2005/2006. 31501 La Matanza Street Walter Congdon House and C.C. McCaw House Minimal Traditional, Congdon House has wood siding with wood shingle roof, built 1936. McCary House is stucco. built 1939. Mission Flats. Individual structures designated on IHCL October 17, 2006. Agenda Report • Page 3 December 5, 2006 31491 La Calera Street Ross Ranch House Craftsman bungalow with decorative wood shingles built 1915. Mission Flats; originally located on historic Ross Ranch. Individual structure designated on IHCL October 17, 2006. 31319 Andres Pico Road Durnford/Marco Forster House Spanish Colonial Revival stucco house built by Fred Stroschein in 1928 for Marco F. "Tom" Forster. Mission Hill. Former Building of Distinction; individual structure designated on IHCL October 17, 2006. The draft Mills Act Contracts for the six properties (see Attachments 3 through 8) contain the following mandated provisions: • Creates an initial ten (10) year contract term • Establishes automatic annual renewal of the contract • Includes minimum property maintenance standards and incorporates the "Secretary of the Interior's Standards for the Treatment of Historic Properties" • Requires owners to furnish information as needed to determine agreement compliance • Binds the property owner to the agreement. • Provides both parties to file notices to terminate the agreement • Establishes provisions for the City to enforce the agreement • Grants the City authority to cancel the agreement with a mandated 12'/2% penalty • Indemnifies and holds the City harmless from all claims • Requires the agreement to be recorded with the County Recorder Prosect Analysis: The General Plan's Cultural Resources Element states as a goal the City will "Identify and implement programs to assist and encourage private property owners to preserve historic, archeologic, and paleologic resources within the City." The Mills Act is intended to assist private property owners by providing a monetary incentive (potential savings in property taxes) to qualified historic properties, thereby meeting this goal of the Cultural Resources Element. City Council Policy 601 states the intent and purpose of City Council Policy 601: Historic, Archaeological & Paleontological Resource Management is "To effect and accomplish the protection, enhancement and perpetuation of historically significant structures, sites, objects and historic districts which represent or reflect elements of the Nation's. State's and/or City's cultural, social, economic, political and architectural history." The Mills Act is intended to assist in protection of historic properties by providing a monetary incentive to private property owners. The potential savings in property taxes for qualified historic properties translates into monies that are available to the owner to better maintain and preserve the historic property. Agenda Report • • Page 4 December 5, 2006 All of the properties meet the goals and policies of the General Plan Cultural Resources Element and Council Policy 601. The owners have agreed with the preservation and maintenance provisions, along with the rest of the mandated terms described in the Mills Act Contracts and have signed the contracts. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Cultural Heritage Commission considered a recommendation regarding the Mills Act Contracts on November 28, 2006. Staff will verbally forward the Commission's recommendation to the City Council at the meeting. FINANCIAL CONSIDERATIONS: The County Tax Assessor's Office, which is responsible for valuation of historic properties, has advised City staff that the Mills Act can reduce property taxes typically between 15% and 60%. Based on the Orange County Tax Assessor's property value and tax information, the approximate property taxes paid to the County for all of these properties is approximately $52,535. The City receives approximately nine percent of that property tax revenue back from the County. Therefore, the City is currently receiving about $4,700 in property tax revenue from these properties. Based on a potential 15% to 60% reduction in the property taxes for these properties, the Mills Act Contracts could result in a loss of property tax revenue to the City of between $700 and $2,800 a year. This fiscal impact is negligible and is considered insignificant in light of the public benefit to the community from preservation of these historic structures. NOTIFICATION: The applicants were notified of the date of the meeting, and copies of the agenda item were mailed or delivered to the following applicants. "Monica Mukai `Tamara Mazzei "Iraj & Nancy Douraghi "David & Reagan Ewing 'David & Diane Armitage "Christopher Zell & Matthew Jacob Indicates that an Agenda Report was included in Notification Agenda Report Page 5 RECOMMENDATION. By motion: 0 0 December 5. 2006 1) Authorize the Mayor to execute Mills Act Contracts for the maintenance and preservation of the following IHCL properties: 26711 Verdugo Street, Lupe Combs House, APN 121-141-24; Mukai 31712 Los Rios Street, Clarence Lobo House, APN 121-141-20, Mazzei & Mukai 31701 Los Rios Street, Rios/Stanfield House, APN 121-143-04, Douraghi 31501 La Matanza Street, Walter Congdon & C.C. McCary Houses, APN 124- 203-23, Ewing 31491 La Calera Street, Ross Ranch House, APN 124-212-16, Armitage 31319 Andres Pico Road, Durnford/Marco Forster House, APN 124-201-24, Jacob & Zell, and, 2) Direct the Planning Department to process the recording of the Mills Act Contracts with the County of Orange. Respectfully submitted, Prepared by: William Cunningham Teri Delcamp Interim Planning Director Historic Preservation Manager Attachment(s): 1. Inventory of Historic and Cultural Landmarks, as amended October 17, 2006 2. Vicinity Map 3. Mills Act Contract, 26711 Verdugo Street, Lupe Combs House 4 Mills Act Contract, 31712 Los Rios Street, Clarence Lobo House 5. Mills Act Contract, 31701 Los Rios Street, Rios/Stanfield House 6, Mills Act Contract, 31501 La Matanza Street, Walter Congdon & C.C. McCary House 7. Mills Act Contract, 31491 La Calera Street, Ross Ranch House 8 Mills Act Contract, 31319 Andres Pico Road, Durnford/Marco Forster House 0 INVENTORY OF HISTORIC AND CULTURAL LANDMARKS (IHCL) citv of san Tuan caoistrano. california The Inventory of Historic and Cultural Landmarks (INCL) consists of a list of structures and sites within the City that have been deemed historically and/or culturally significant, at a local level, due to their architectural style and condition, association with historic persons, and/or association with historic event(s) Structures and sites listed on the IHCL require City discretionary review and approval of rehabilitation and/or site development plans prior to issuance of any grading or building permit. Private structures listed on the IHCL are potentially eligible for' Mills Act' contracts with the City, which can provide a marginal reduction in property tax liability in exchange for commitments to maintain such structures in their original condition and/or rehabilitate them in a historically appropriate manner. No. Property Name & Address Assessor Parcel No. P1. Mission San Juan Capistrano (NRHP) 124-180-06, part of 124-180-03 31882 Camino Capistrano P2 Rios Adobe 121-160-16 31781 Los Rios Street P3. Montanez Adobe (NRNP) 121-143-07 31745 Los Rios Street P4. Silvas Adobe 121-160-12 31861 Los Rios Street P5 Mission Kiln 124-202-17 31401 EI Horno Street P6, Miguel Parra Adobe (NRHP) 124-290-37 27762 Ortega Highway P7. Pablo Pryor Adobe/Hide House 121-254-04 33751 Camino Capistrano P8 Blas Aguilar Adobe (Casa de Esperanza) (NRHP) 121-160-08 31806 EI Camino Real P9 Manuel Garcia Adobe (NRNP) 121-150-05 31861 Camino Capistrano P10. Burruel Adobe Ruins 124-160-12 EI Camino Real and Forster Street P11. Domingo Yorba Adobe (NRNP) 121-150-05 31871 Camino Capistrano P12, Juan Avila Adobe 121-150-20 31831 Camino Capistrano IHCL Fnal 20060ct17 doc ATTACHMENT 1 0 Inventory of Historic and Cultural Landmarks I* Page 2 No. Property Name & Address Assessor Parcel No. P13. EI Adobe Restaurant/Juzgado/Jose Antonio Yorba 121-150-13 Adobe 31891 Camino Capistrano P14. Santa Fe Depot 121-141-17 26701 Verdugo Street P15, Egan Residence 124-160-32 32892 Camino Capistrano P16. Buddy Forster Residence (building) 121-190-50 31721 Los Rios Street P17. Frank A. Forster Mansion (NRNP) 124-290-20 27182 Ortega Highway P18. Garcia/Pryor Residence - O'Neill Museum 121-250-06 31831 Los Rios Street P19. Hankey/Rowse Cottage 664-031-26 30981 Via Cristal (formerly 28232 Ortega Highway) P20, C Russell Cook Barn 121-182-39 32222 Del Obispo Street P21. Hot Springs Dance Hall 668-101-03 32506 Paseo Adelanto P22. Joel Congdon Residence (NRHP) 121-190-56 32701 Alipaz Street P23, R. B Cook House/Ocean Hills Community Church 121-182-60 32272 Del Obispo Street P24. Errecarte House 124-282-05 28432 Ortega Highway P25- Harrison Farmhouse (NRHP) 124-290-37 27762 Ortega Highway P26. English/Hardy House 121-130-06 26652 Ramos Street P27, Old San Juan Capistrano Fire Station Complex 124-203-03 & 12 La Matanza and EI Horno P28 Community Christian Church 124-170-11 31612 EI Camino Real P29 Eyraud-Chabre-Lohrbach House 124-190-07 31382 EI Camino Real P30. Stroschein House 124-170-08 31682 El Camino Real IMCL Final 20060ct 17 doc E Inventory of Historic and Cultural Landmarks 101 Page 3 No. Property Name & Address Assessor Parcel No. P31. Esslinger Building (NRNP) 124-160-17 31866 Camino Capistrano P32. EI Peon Complex/Ferris-Kelly Buildings 124-160-23 26822, 26832, 26842 Ortega Highway 31752, 31754, 31762 Camino Capistrano P33, Durnford/Marco Forster House 124-201-24 31319 Andres Pico Road P34 Ross Ranch House 124-212-16 31491 La Calera Street P35. Walter Congdon House (rear), C.0 McCary House 124-203-23 (front), 31501 La Matanza Street Historic Districts D1. Mission Refuse Area 124-203-15 D2, Mission Cemetery 124-152-03 D3. River Street (located in the Los Rios Historic portions of 121-160-17, 20, 21, District; 22, & 28. D4, Capistrano Union High School Site (Serra 124-190-22 Continuation School) D5, Los Rios Historic District (NRNP) 121-141-20, 21, 22, 23, & 24. 121-142-05 & 06. 121-143-02, 03, 04, 05, & 06. 121-160-08, 09, 10, 11, 13, 14, 15, 17, & 29. D6. Little Hollywood: 31362 & 31342 Ramos Street, 121-142-01 & 07, 649-281-05. 26604 Mission Street. Historic Streets S1_ Los Rios Street (from Del Obispo Street to Mission Street)(NRHP) S2 EI Camino Real (from La Zanja to Forster Street) S3 Camino Capistrano (from Ortega Highway to Del Obispo Street) S4. Spring Street (from EI Camino Real to east terminus at 1-5) Other NRHP Listings, not on local IHCL Hot Springs Road, Ortega Hwy., (NRNP) (NRNP); "National Register of Historic Places" INCL. Final 20060cl17. doc THE CITY OF SAN JUAN CAPISTRANO MILLS ACT LOCATION MAP r� r° S � /i � a n { - pumfordlForster 1 W Congdon & McCary `i i � Ross Ranch 1 } Clarence Lobo Rios/Stanfield Lupe Combs 0 3000 OOOJ 9000 Feet 'r ATTACHMENT 2 0 0 HISTORIC PROPERTY PRESERVATION AGREEMENT MILLS ACT CONTRACT AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND MONICA MUKAI, OWNER OF A DESIGNATED HISTORIC STRUCTURE AT 26711 VERDUGO STREET, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 5`h day of December, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Monica Mukai (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics, and, WHEREAS, the Owner possesses fee title in and to certain qualified real property, together with associated structures and improvements thereon, located at 26711 Verdugo Street, Assessor's Parcel Number 121-141-24, San Juan Capistrano, California 92675, also described as Lupe Combs House (hereinafter referred to as "Historic Landmark Property"); and, WHEREAS, the property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, and pursuant to Section 9-2.310 of the Municipal Code; and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code. ATTACHMENT Mills Act Contract • 2 of 8 • Lupe Combs House NOW THEREFORE, the City and the Owner of the Historic Landmark Property agree as follows: Section 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on December 5, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 2. below. Section 2. Renewal. A. Each year on the anniversary of the effective date of this agreement, a year shall automatically be added to the initial term of the agreement unless written notice of non -renewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, The Owner or the City shall serve written notice of non -renewal 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. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date of the agreement, withdraw its notice to Owner of non -renewal. D. If either the City or the owners serve notice to the other of non -renewal 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. Section 3. Standards and Conditions. A. Owner 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. Any physical changes shall comply with applicable City specific plans, Land Use Code standards, and the "Secretary of the Interior's Standards for Treatment of Historic Buildings". Mills Act Contract • 3 of 8 • Lupe Combs House C. The Owner of the Historic Landmark Property shall secure City Planning Department approval for any exterior changes prior to their execution, such as major landscaping projects, exterior door replacement or exterior alterations, regardless of whether a building permit is required. D. Demolition of any structure; completing exterior alterations or additions not in keeping with the standards listed above, allowing dilapidated, deteriorating or damaged structures such as fences, roofs, doors, walls and windows, storage of scrap lumber, junk, trash, debris, discarded or unused objects, etc.; or similar items is hereby prohibited. E. Owner shall allow reasonable periodic examination by the City, by prior appointment, of the structural integrity of the exterior of the historic property be representatives of the County Assessor and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 5. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the Owner has failed to preserve, restore or rehabilitate the property in the manner specified in Section 3 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12'12% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. Section 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, the City shall give written notice to the Owner by registered or certified mail addressed to the address stated in this agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days 0 0 Mills Act Contract 4 of 8 lupe Combs House thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach, 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 Owner or apply for such relief against any violation by the Owner 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 Landmark Properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by 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. Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this agreement. 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 Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. 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. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Mills Act Contract 5 of 8 Lupe Combs House To Owners: Monica Mukai PO Box 7 San Juan Capistrano, CA 92693 Section 9. 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 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 their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the Historic Landmark Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Landmark 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 Landmark Property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall insure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Landmark Property, whether by operation of law or 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 the court costs and other relief ordered by the court. 0 0 Mills Act Contract 6 of 8 Lupe Combs House 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. Section 10. 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. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year first written above. CITY OF SAN JUAN CAPISTRANO Mayor By:r norms onica M�, Property Owner ATTEST: Margaret Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney Mills Act Contract • 7 of 8 • Lupe Combs House STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARGARET MONAHAN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a Mills Act Contract adopted at a meeting of the City Council of the City of San Juan Capistrano, California held on December 5th, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (SEAL) Margaret Monahan, City Clerk Mills Act Contract • 8 of 8 • Lupe Combs House ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss ry Public, appea or, i�roved to me on the basis of satisfactory evidence to be the person( whose name subscribed to the within instrument and hat acknowledged to me th tWey executed the same in eytkae+r authorized capacity(ies), and that by #is slgnature(A on the instrument the person(81, entity upon behalf of which the person(.) acted, executed this instrument. WITNESS my hand and afficial seal. — Signature WWWR FM Cornrnle�bnA ISV554E }� 1Vorary RbMc - CaMlomq t5t5 Orage Canty MyCanm. fxp#es 1W 17.2009 9 0 HISTORIC PROPERTY PRESERVATION AGREEMENT MILLS ACT CONTRACT AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND TAMARA MAZZEI & MONICA MUKAI, OWNERS OF A DESIGNATED HISTORIC STRUCTURE AT 31712 LOS RIOS STREET, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 5`h day of December, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tamara Mazzei & Monica Mukai (hereinafter referred to as the "Owner") RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics, and, WHEREAS, the Owner possesses fee title in and to certain qualified real property, together with associated structures and improvements thereon, located at 31712 Los Rios Street, Assessor's Parcel Number 121-141-20, San Juan Capistrano, California 92675, also described as Clarence Lobo House (hereinafter referred to as "Historic Landmark Property"); and, WHEREAS, the property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, and pursuant to Section 9-2.310 of the Municipal Code; and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code. ATTACHMENT4 Mills Act Contract • 2 of 8 • Clarence Lobo House NOW THEREFORE, the City and the Owner of the Historic Landmark Property agree as follows: Section 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on December 5, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 2, below. Section 2. Renewal. A. Each year on the anniversary of the effective date of this agreement, a year shall automatically be added to the initial term of the agreement unless written notice of non -renewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, The Owner or the City shall serve written notice of non -renewal 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. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date of the agreement, withdraw its notice to Owner of non -renewal. D. If either the City or the owners serve notice to the other of non -renewal 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. Section 3. Standards and Conditions. A. Owner 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. Any physical changes shall comply with applicable City specific plans, Land Use Code standards, and the "Secretary of the Interior's Standards for Treatment of Historic Buildings". Mills Act Contract • 3 of 8 • Clarence Lobo House C. The Owner of the Historic Landmark Property shall secure City Planning Department approval for any exterior changes prior to their execution, such as major landscaping projects, exterior door replacement or exterior alterations, regardless of whether a building permit is required. D. Demolition of any structure, completing exterior alterations or additions not in keeping with the standards listed above; allowing dilapidated, deteriorating or damaged structures such as fences, roofs, doors, walls and windows, storage of scrap lumber, junk, trash, debris, discarded or unused objects, etc., or similar items is hereby prohibited. E. Owner shall allow reasonable periodic examination by the City, by prior appointment, of the structural integrity of the exterior of the historic property be representatives of the County Assessor and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 5. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the Owner has failed to preserve, restore or rehabilitate the property in the manner specified in Section 3 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 121/z% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. Section 6. Enforcement of Aqreement. 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, the City shall give written notice to the Owner by registered or certified mail addressed to the address stated in this agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days Mills Act Contract 4 of 8 Clarence Lobo House thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach, 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 Owner or apply for such relief against any violation by the Owner 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 Landmark Properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by 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. Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this agreement. 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 Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. 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. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 0 0 Mills Act Contract 5 of 8 Clarence Lobo House To Owners: Tamara Mazzei & Monica Mukai PO Box 7 San Juan Capistrano, CA 92693 Section 9. 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 hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for darnage 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 their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the Historic Landmark Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Landmark 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 Landmark Property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall insure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Landmark Property, whether by operation of law or 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 the court costs and other relief ordered by the court. Mills Act Contract • 6 of 8 • Clarence Lobo House 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. Section 10. 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. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year first written above. CITY OF SAN JUAN CAPISTRANO By: Mayor By Tamara Ma2zei, PropertyOwner By: 4Mi, MonProperty Owner ATTEST: Margaret Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney U Mills Act Contract STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 7 of 8 Clarence Lobo House I, MARGARET MONAHAN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a Mills Act Contract adopted at a meeting of the City Council of the City of San Juan Capistrano, California held on December 5th, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (SEAL) Margaret Monahan, City Clerk Mills Act Contract STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss Orifiibo 19 'o & Notary Public, appea or, proved to me on the basis of satisfactory evidence 10 M Me ACKNOWLEDGMENT Clarence Lobo House to be the person(s) whose name(s) X40 subscribed to the within instrument and acknowledged to me that e executed the same in their uthorized capacity(ies), and that by el'signature(s) on the instrumen e person(s), or entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and cial seal. NFAM Fru cam+aaru Signature � NblC -Coocaro.lo omnae cap* coffin w 17, soov 0 0 HISTORIC PROPERTY PRESERVATION AGREEMENT MILLS ACT CONTRACT AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IRAJ & NANCY DOURAGHI, OWNERS OF A DESIGNATED HISTORIC STRUCTURE AT 31701 LOS RIOS STREET, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 5th day of December, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City) and Iraj & Nancy Douraghi (hereinafter referred to as "Owner"). RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics, and, WHEREAS, the Owner possesses fee title in and to certain qualified real property, together with associated structures and improvements thereon, located at 31701 Los Rios Street, Assessor's Parcel Number 121-143-04, San Juan Capistrano, California 92675, also described as Rios/Stanfield House (hereinafter referred to as "Historic Landmark Property"), and, WHEREAS, the property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, and pursuant to Section 9-2.310 of the Municipal Code, and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code. ATTACHMENT Mills Act Contract • 2 of 8 • Rios/Stanfield House NOW THEREFORE, the City and the Owner of the Historic Landmark Property agree as follows: Section 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on December 5, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 2, below. Section 2. Renewal. A. Each year on the anniversary of the effective date of this agreement, a year shall automatically be added to the initial term of the agreement unless written notice of non -renewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, The Owner or the City shall serve written notice of non -renewal 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. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date of the agreement, withdraw its notice to Owner of non -renewal. D. If either the City or the owners serve notice to the other of non -renewal 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. Section 3. Standards and Conditions. A. Owner 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. Any physical changes shall comply with applicable City specific plans, Land Use Code standards, and the "Secretary of the Interior's Standards for Treatment of Historic Buildings". Mills Act Contract • 3 of 8 • Rios/Stanfield House C. The Owner of the Historic Landmark Property shall secure City Planning Department approval for any exterior changes prior to their execution, such as major landscaping projects, exterior door replacement or exterior alterations, regardless of whether a building permit is required. D. Demolition of any structure, completing exterior alterations or additions not in keeping with the standards listed above, allowing dilapidated, deteriorating or damaged structures such as fences, roofs, doors, walls and windows, storage of scrap lumber, junk, trash, debris, discarded or unused objects, etc., or similar items is hereby prohibited. E. Owner shall allow reasonable periodic examination by the City, by prior appointment, of the structural integrity of the exterior of the historic property be representatives of the County Assessor and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 5. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the Owner has failed to preserve, restore or rehabilitate the property in the manner specified in Section 3 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 121/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. Section 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, the City shall give written notice to the Owner by registered or certified mail addressed to the address stated in this agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days Mills Act Contract • 4 of 8 • Rios/Stanfield House thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach, 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 Owner or apply for such relief against any violation by the Owner 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 Landmark Properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by 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. Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this agreement. 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 Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. 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. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Mills Act Contract • 5 of 8 • Rios/Stanfield House To Owners: Iraj & Nancy Douraghi PO Box 8 San Juan Capistrano, CA 92693 Section 9. 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 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 their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the Historic Landmark Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Landmark 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 Landmark Property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall insure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Landmark Property, whether by operation of law or 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 the court costs and other relief ordered by the court. Mills Act Contract • 6 of 8 • Rios/Stanfield House 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. Section 10. 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. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year first written above. CITY OF SAN JUAN CAPISTRANO By: Mayor By: Iraj Douraghi, Property Owner By / Na Dy uocn rag roperty Owner ATTEST: Margaret Monahan, City Clerk John R. Shaw, City Attorney Mills Act Contract . 7 of 8 • Rios/Stanfield House STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARGARET MONAHAN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a Mills Act Contract adopted at a meeting of the City Council of the City of San Juan Capistrano, California held on December 5t", 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (SEAL) Margaret Monahan, City Clerk Mills Act Contract • 8 of 8 • Rios/Stanfield House ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss Notary Public, appeared ❑ ersonally known to me; or,) v �J'proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-+stare subscribed to the within instrument and acknowledged to me that hefsHe/they executed the same in.4iefHer/their authorized capacity(ies), and that by 4isih r/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed this instrument. ESStny hantand official seal. Sig 4IMyINYEUP LEE Commission # 1519903Notary Public - California Orange Coun Comm. Expires Oct 17, 2008 0 9 HISTORIC PROPERTY PRESERVATION AGREEMENT MILLS ACT CONTRACT AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DAVID & REAGAN EWING, OWNERS OF DESIGNATED HISTORIC STRUCTURES AT 31501 LA MATANZA, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 5`h day of December, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and David & Reagan Ewing (hereinafter referred to as "Owner"). RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics; and, WHEREAS, the Owner possesses fee title in and to certain qualified real property, together with associated structures and improvements thereon, located at 31501 La Matanza, Assessor's Parcel Number 124-203-23, San Juan Capistrano, California 92675, also described as the Walter Congdon House and C.C. McCary House (hereinafter referred to as "Historic Landmark Property"), and, WHEREAS, the property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, and pursuant to Section 9-2.310 of the Municipal Code, and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code. ATTACHMENT Mills Act Contract 2 of 8 Walter Cong on and C.C. McCary Houses NOW THEREFORE, the City and the Owner of the Historic Landmark Property agree as follows: Section 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on December 5, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 2, below. Section 2. Renewal. A. Each year on the anniversary of the effective date of this agreement, a year shall automatically be added to the initial term of the agreement unless written notice of non -renewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, The Owner or the City shall serve written notice of non -renewal 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. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date of the agreement, withdraw its notice to Owner of non -renewal. D. If either the City or the owners serve notice to the other of non -renewal 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. Section 3. Standards and Conditions. A. Owner 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. Any physical changes shall comply with applicable City specific plans, Land Use Code standards, and the "Secretary of the Interior's Standards for Treatment of Historic Buildings". Mills Act Contract • 3 of 8 Walter Cong and C C. McCary Houses C. The Owner of the Historic Landmark Property shall secure City Planning Department approval for any exterior changes prior to their execution, such as major landscaping projects, exterior door replacement or exterior alterations, regardless of whether a building permit is required. D. Demolition of any structure, completing exterior alterations or additions not in keeping with the standards listed above; allowing dilapidated, deteriorating or damaged structures such as fences, roofs, doors, walls and windows; storage of scrap lumber, junk, trash, debris, discarded or unused objects, etc., or similar items is hereby prohibited. E. Owner shall allow reasonable periodic examination by the City, by prior appointment, of the structural integrity of the exterior of the historic property be representatives of the County Assessor and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 5. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the Owner has failed to preserve, restore or rehabilitate the property in the manner specified in Section 3 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12'/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. Section 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, the City shall give written notice to the Owner by registered or certified mail addressed to the address stated in this agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days Mills Act Contract Is 4 of 8 Walter Congdon and C.C. McCary Houses thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach, 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 Owner or apply for such relief against any violation by the Owner 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 Landmark Properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by 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. Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this agreement. 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 Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. 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. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Mills Act Contract • 5 of 8 Walter Congdon and C.C. McCary Houses To Owners: David & Reagan Ewing 31501 La Matanza Street San Juan Capistrano, CA 92675 Section 9. 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 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 their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the Historic Landmark Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Landmark 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 Landmark Property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall insure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Landmark Property, whether by operation of law or 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 the court costs and other relief ordered by the court. Mills Act Contract • 6 of 8 Walter Cong' n and C C McCary Houses 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. Section 10. 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. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year first written above. CITY OF SAN JUAN CAPISTRANO AN Mayor By: '>'J David Ewing, Pi erty Owner ATTEST: Margaret Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney Mills Act Contract • 7 of 8 Walter Congdon and C C. McCary Houses STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARGARET MONAHAN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a Mills Act Contract adopted at a meeting of the City Council of the City of San Juan Capistrano, California held on December 5th, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (SEAL) Margaret Monahan, City Clerk Mills Act Contract • 8 of 8 Walter Congdon and C.C. McCary Houses ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On L1. b/ .30, aooc� before me, 1 1 Notary Public, appeared '�k personally known to me; or, ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within F9 instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my h4,Z nd and official seal. Signature wzc— 1 _ TINA POOLE NComm #1545878 NOTARY PORK -CALIFORNIA N Con�fj d Orange My Comm. EaD'es Jan 11,1005 0 0 HISTORIC PROPERTY PRESERVATION AGREEMENT MILLS ACT CONTRACT AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DAVID & DIANE ARMITAGE, OWNERS OF A DESIGNATED HISTORIC STRUCTURE AT 31491 LA CALERA STREET, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 5th day of December, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and David & Diane Armitage (hereinafter referred to as "Owner"). RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics, and, WHEREAS, the Owner possesses fee title in and to certain qualified real property, together with associated structures and improvements thereon, located at 31491 La Calera Street, Assessor's Parcel Number 124-212-16, San Juan Capistrano, California 92675, also described as Ross Ranch House (hereinafter referred to as "Historic Landmark Property"), and, WHEREAS, the property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, and pursuant to Section 9-2.310 of the Municipal Code; and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code. ATTACHMENT 7 Mills Act Contract • 2 of 8 • Ross Ranch House NOW THEREFORE, the City and the Owner of the Historic Landmark Property agree as follows: Section 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on December 5, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 2. below. Section 2. Renewal. A. Each year on the anniversary of the effective date of this agreement, a year shall automatically be added to the initial term of the agreement unless written notice of non -renewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, The Owner or the City shall serve written notice of non -renewal 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. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date of the agreement, withdraw its notice to Owner of non -renewal. D. If either the City or the owners serve notice to the other of non -renewal 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. Section 3. Standards and Conditions. A. Owner 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. Any physical changes shall comply with applicable City specific plans, Land Use Code standards, and the "Secretary of the Interior's Standards for Treatment of Historic Buildings". • ! Mills Act Contract 3 of 8 Ross Ranch House C. The Owner of the Historic Landmark Property shall secure City Planning Department approval for any exterior changes prior to their execution, such as major landscaping projects, exterior door replacement or exterior alterations, regardless of whether a building permit is required. D. Demolition of any structure, completing exterior alterations or additions not in keeping with the standards listed above, allowing dilapidated, deteriorating or damaged structures such as fences, roofs, doors, walls and windows; storage of scrap lumber, junk, trash, debris, discarded or unused objects, etc.; or similar items is hereby prohibited. E. Owner shall allow reasonable periodic examination by the City, by prior appointment, of the structural integrity of the exterior of the historic property be representatives of the County Assessor and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 5. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the Owner has failed to preserve, restore or rehabilitate the property in the manner specified in Section 3 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 1211'2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. Section 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, the City shall give written notice to the Owner by registered or certified mail addressed to the address stated in this agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days Mills Act Contract • 4 of 8 • Ross Ranch House thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach, 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 Owner or apply for such relief against any violation by the Owner 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 Landmark Properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by 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. Section 7. Binding Effect of Aqreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this agreement. 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 Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. 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. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Mills Act Contract 5 of 8 Ross Ranch House To Owners: David & Diane Armitage 31491 La Calera Street San Juan Capistrano, CA 92675 Section 9. 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 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 their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the Historic Landmark Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Landmark 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 Landmark Property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall insure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Landmark Property, whether by operation of law or 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 the court costs and other relief ordered by the court. Mills Act Contract 6 of 8 Ross Ranch House 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. Section 10. 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. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year first written above. CITY OF SAN JUAN CAPISTRANO MM Mayor C—Plavid Armitage, Prope Owner By: Diane Armitage, Prop rty Owner r_�r=4111111 Margaret Monahan, City Clerk N1%••ffiR - I SKemo]iii John R. Shaw, City Attorney 0 Mills Act Contract STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) is 7 of 8 Ross Ranch House I, MARGARET MONAHAN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a Mills Act Contract adopted at a meeting of the City Council of the City of San Juan Capistrano, California held on December 5th, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (SEAL) Margaret Monahan, City Clerk 0 Mills Act Contract STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On /1--7-06 Notary Public, appeared ❑ personally known to me; or, 'proved to me on the basis of satisfactory evidence 0 Ross Ranch Nouse ACKNOWLEDGMENT to be the person(s) whose name(s) is/are subscribed to the within insJEument and acknowledged to me that he/shI54419xecuted the same in his/her heir uthorized capacity(ies), and that by his/her eir ignature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. Sign e DANNY L. AYE COMM. #1483461 D • Notary Public California M a � 0 NGECOUNTY U Q My Comm. Expims Ap.1 -- 2008 0 41 HISTORIC PROPERTY PRESERVATION AGREEMENT MILLS ACT CONTRACT AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND CHRISTOPHER ZELL & MATTHEW JACOB, OWNERS OF A DESIGNATED HISTORIC STRUCTURE AT 31319 ANDRES PICO ROAD, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 5'h day of December, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Christopher Zell & Matthew Jacob (hereinafter referred to as "Owner"). RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics, and, WHEREAS, the Owner possesses fee title in and to certain qualified real property, together with associated structures and improvements thereon, located at 31319 Andres Pico Road, Assessor's Parcel Number 124-201-24, San Juan Capistrano, California 92675, also described as Durnford/Marco Forster House (hereinafter referred to as "Historic Landmark Property"), and, WHEREAS, the property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, and pursuant to Section 9-2.310 of the Municipal Code, and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code. ATTACHMENT 10 0 Mills Act Contract 2 of S Durnford/Marco Forster House NOW THEREFORE, the City and the Owner of the Historic Landmark Property agree as follows: Section 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on December 5, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in California Government Code Section 502BO through 50290 and in Section 2, below. Section 2. Renewal. A. Each year on the anniversary of the effective date of this agreement, a year shall automatically be added to the initial term of the agreement unless written notice of non -renewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, The Owner or the City shall serve written notice of non -renewal 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. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date of the agreement, withdraw its notice to Owner of non -renewal. D. If either the City or the owners serve notice to the other of non -renewal 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. Section 3. Standards and Conditions. A. Owner 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. Any physical changes shall comply with applicable City specific plans, Land Use Code standards, and the "Secretary of the Interior's Standards for Treatment of Historic Buildings". 0 0 Mills Act Contract 3 of 8 Durnford/Marco Forster House C. The Owner of the Historic Landmark Property shall secure City Planning Department approval for any exterior changes prior to their execution, such as major landscaping projects, exterior door replacement or exterior alterations, regardless of whether a building permit is required. D. Demolition of any structure; completing exterior alterations or additions not in keeping with the standards listed above; allowing dilapidated, deteriorating or damaged structures such as fences, roofs, doors, walls and windows, storage of scrap lumber, junk, trash, debris, discarded or unused objects, etc., or similar items is hereby prohibited. E. Owner shall allow reasonable periodic examination by the City, by prior appointment, of the structural integrity of the exterior of the historic property be representatives of the County Assessor and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 5. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the Owner has failed to preserve, restore or rehabilitate the property in the manner specified in Section 3 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12'/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. Section 6. Enforcement of Aqreement. 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, the City shall give written notice to the Owner by registered or certified mail addressed to the address stated in this agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days 10 Mills Act Contract • 4 of 8 Durnford/Marco Forster House thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach, 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 Owner or apply for such relief against any violation by the Owner 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 Landmark Properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by 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. Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this agreement. 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 Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. 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. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 0 0 Mills Act Contract 5 of 8 Durnford/Marco Forster House To Owners: Christopher Zell & Matthew Jacob 31319 Andres Pico Road San Juan Capistrano, CA 92675 Section 9. 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 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 their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the Historic Landmark Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Landmark Property. C. This hold harmless provision applies to all damages and claims for darnages 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 Landmark Property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall insure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Landmark Property, whether by operation of law or 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 the court costs and other relief ordered by the court. Mills Act Contract • 6 of 8 •ford/Marco Forster House 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. Section 10. 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. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year first written above. CITY OF SAN JUAN CAPISTRANO 0 In ATTEST: Margaret Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney Mills Act Contract • 7 of 8 urnford/Marco Forster House STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARGARET MONAHAN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a Mills Act Contract adopted at a meeting of the City Council of the City of San Juan Capistrano, California held on December 5th, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (SEAL) Margaret Monahan, City Clerk Mills Act Contract • 8 of 8 DIIrnford/Marco Forster House ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On Noy' jDD�- before me, ('hnSj na 0_(ja4tr-) ,rut)jAKY PU-30�a Notary Public, appearedC_iiris-lo�l,cv Zc.II (-nci '0- personally known to me; or, ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/lief/their authorized capacity(ies), and that by hisfher/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. Signature CHRISTINA CHAFFIN _Commission # 1436199 Notary Public - California Riverside County -e0My Comm. Expires Aug 26, 2007