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
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ATTACHMENT 2
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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
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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.
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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
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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