19-1120_CONLEY JOHN & PATRICIA_Historic Property Preservation Agreement - Mills Act Contract RECORDING REQUESTED BY:
City of San Juan Capistrano
City Clerk's Office Recorded in Official Records, Orange County
32400 Paseo Adelanto ( Hugh Nguyen, Clerk-Recorder
San Juan Capistrano, California 92675 II I I II III II I IIII II IIII I II I II NO FEE
AND WHEN RECORDED, MAIL TO: * $ R 0 0 1 1 2 9 1 5 2 2 $ *
2019000484209. 1:30 pm 11120119
Maria Morris, City Clerk 9 401A Al2 11
City of San Juan Capistrano 0.00 0.00 0.00 0.00 30.00 0.00 0.000.000.00 0.00
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Exempt from Recording Fees:
Gov Code 27383
•
City of San Juan Capistrano
This Space for Recorder's Use Only
Historic Property Preservation Agreement — Mills Act Contract
John Conley and Patricia Conley
Assessor Parcel Number (APN) 666-191-18
•
•
•
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 JOHN
CONLEY AND PATRICIA CONLEY, OWNERS OF DESIGNATED HISTORIC
STRUCTURES AT 27762 ORTEGA HIGHWAY, SAN JUAN CAPISTRANO,
CALIFORNIA.
k`k
THIS AGREEMENT (the "Agreement") is made and entered into this 1S
day of October, 2019 ("Effective Date"), by and between the City of San Juan
Capistrano (hereinafter referred to as the "City") and John Conley and Patricia Conley.,
(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
historical property, together with associated structures and improvements thereon,
located at 27762 Ortega Highway, Assessor's Parcel Number 666-191-18, San Juan
Capistrano, California 92675, also described as the Harrison House and the Parra
Adobe (hereinafter referred to as "Historic Landmark Property"); and,
WHEREAS, the Historic Landmark Property is situated in the County of
Orange, State of California, and described as follows: Lot A of Tract No. 7673, in the
City of San Juan Capistrano, County of Orange, State of California, as per map
recorded in Book 426, Pages 9 through 14, inclusive of Miscellaneous Maps, in the
office of the County Recorder of said County; and
WHEREAS, the Historic Landmark 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, pursuant to the
Section 2-2.303 of the San Juan Capistrano Municipal Code (Cultural Heritage
Commission Duties), and City Council Policy 601; and,
WHEREAS, the City and Owner, for their mutual benefit, now desire to
enter into this Agreement to limit the use of the Historic Landmark 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 1 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.
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 the Effective Date of this Agreement, 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.
r
A. Each year on the anniversary of the Effective Date of this Agreement (the
"Annual Renewal Date"), a year shall automatically be added to the initial
term of the Agreement unless written notice of non-renewal is served as
provided herein and as provided in Government Code Section 50282, as
amended from time to time.
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 in advance of the Annual Renewal Date.
Unless such notice is served by the Owner on the City at least ninety (90)
days prior to, the Annual Renewal Date, or served by the City on 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. If the City provides Owner with a written notice of non-renewal, the Owner
may make a written protest of the City's notice of non-renewal. 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 Owner 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 Historic Landmark Property and its character-defining
features, including without limitation, 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 of the Historic Landmark Property to the
satisfaction of the City and to conform to the rules and regulations of the
Office of Historic Preservation of the Department of Parks and Recreation,
the United States Secretary of the Interior's Standards for Rehabilitation,
and the State Historical Building Code.
• B. Owner shall provide a building -condition assessment which includes
specific recommendations for improvements consistent with the Secretary
of the Interior's Standards for Rehabilitation prepared by a qualified firm,
as determined by the Development Services Director. Owner shall also
provide a proposed construction phasing schedule to implement 'the
improvements to the 'satisfaction of the Development Services Director.
The respective documents shall be submitted within 12 months of the
Effective Date of the Agreement.
C. Any physical changes to the Historic Landmark Property shall comply with
applicable City Land Use Code standards, and the rules and regulations of
the Office of Historic Preservation of the Department of Parks and
Recreation, the United States Secretary of the Interior's Standards for
Rehabilitation, and the State Historical Building Code.
D. Owner shall secure Development Services Department approval for any
exterior changes prior to implementing or constructing an exterior changes
including, without limitation, major landscaping projects, exterior door
replacement, or exterior alterations, regardless of whether a building
permit is required.
E. Demolition of any structure of the Historic Landmark Property, 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, or similar items is hereby
prohibited.
F. Owner shall allow an inspection of the interior and exterior of the Historic
Landmark Property by representatives of the County Assessor and the
City, prior to .the Effective Date of this Agreement and every year
thereafter to determine the Owner's compliance with the terms and
provisions of this Agreement.
G. Owner hereby agrees that the Historic Landmark Property shall continue
to be included on the City's Inventory of Historical and Cultural Landmarks
(INCL), and furthermore, understands that any physical alterations to the
interior or exterior of the Historic Landmark Property require the Owner to
submit to, and secure approval of a Site Plan Review (SPR) application
from the Cultural Heritage Commission.
H. V Owner shall provide a year-end summary that details maintenance and
repairs that were made consistent with Section 3.B, and documentation of
the related expenditures, to restore and/or rehabilitate the historic
structures. Said year-end summary shall be provided annually between
January 1st and January 31st
Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with
any and all information requested by the City that 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 Historic Landmark Property to deteriorate
to the point that it no longer meets the standards for a qualified historical
property, or if the City determines that the Owner has failed to preserve,
restore or rehabilitate the Historic Landmark 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
Historic Landmark 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, pursuant to Government Code Section
50284.:' 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. If such violation is not corrected to the reasonable
satisfaction of the City within thirty (30) days thereafter, or if not corrected
within such a reasonable time, as determined in the City's sole discretion,
as may be required to cure the breach or default of said breach, or default
cannot be cured within thirty (30) days, as determined in the City's sole
discretion, provided that acts to cure the breach or default may be
commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner, then the City may, without further
notice, declare a default under the terms of this Agreement and may bring
any action necessary to specifically enforce the obligations of the Owner
growing out of the terms of this Agreement, apply to any court, state or
federal, for injunctive relief against any violation by the Owner or apply for
such relief 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
To Owner: John and Patricia Conley
27762 Ortega Highway
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 this Agreement or 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, or 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, actions
or omissions 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 inure to the
benefit of the parties herein, their heirs, successors, legal representatives,
assigns, and all persons acquiring any part or portion of the Historic
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.
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. Venue shall be in Orange County.
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 JUA . APISTRANO
By:
an' Maryott, Mayor
By: G44di%
W mil
John Conley or atricia Conley
Property Oven r
ATTEST:
Certificate Attached for
GIifornia Notary Wording
I OA ,A
Aigreggsk
C isty Jakl, A-s ant City Clerk
APPROVED AS TO FORM:
Jeff aili er, City orney
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document,to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document. •
State of California •
)
County of Orange ) ss. •
City of San Juan Capistrano )
(Gov't Code 40814 &,Civil Code 1181)
On November 5, 2019, before me, Christy Jakl, Assistant City'Clerk, personally appeared
Brian Maryott, Mayor and Jeff Ballinger, City Attorney, who proved to me on the basis of
satisfactory evidence to the be 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/her/their authorized capacity(ies),
and that by his/her/there signature on the instrument the person(s),or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
WITNESS my hand and official seal.
Christ Jakl/Assistant '` Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
Mayor
City Attorney Historic Property Preservation Agreement—Mills Act
Contract
John Conley and Patricia Conley
Title APN 66649148
Signer is Representing
City of San Juan Capistrano
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE §1189)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTYOF' Ce-A G
On 10I' l2&9 before me, Loeir n'TICHAEL Ta4mtik4c01Q)
(Date) (Here Insert Name and Title of the Officer)
personally appeared
who 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/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,executed the instrignent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
LORENrn, RAMONTikNO
Notary Public-California
Orange County
IT ESS my a d and official sal_ i) Commission#2266056
NMI My Comm.Expires Nov 6,2022
'111111.5.-
.nature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: }WAS PK* R-CLCt Document Date: 1.611$119
Number of Pages: 1 Signer(s) Other Than Named Above: PJ
Additional Information:
revision date 01/01/2015
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE § 1189)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF Orange )
on 11/12/2019before me, Loren Michael Tramontano, Notary Public
(Date) (Here Insert Name and Title of the Officer)
personally appeared Patricia Conley
who 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/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
4y�.�o.p, LOREN MICHAEL TRAMONTANO
� NotaryOraublinge PcCounty•California
I NESS m .nd a . off 1. Z Commission<t 2266056
Y ' t 0--vowMy Comm.Expires Nov 6,2022
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: Mills Act Contract Document Date: 10/18/2019
Number of Pages: Signer(s) Other Than Named Above: John Conley
Additional Information:
revision date 01/01/2015