06-1211_ARMITAGE, DAVIS & DIANE_Historic Property Preservation Agreement - Mills Contract. This Document w lectronically recorded by
CR Wth County C
Recorded in Official Records, Orange County
RECORDING REQUESTED BY: Tom Daly, Clerk -Recorder
City San Juan Capistrano
Cl
City Clerk's Office I I II II III II II III I I III II I II I NO FEE
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32400 Paseo Adelanto 2006000826325 10:39am 12/11/06
San Juan Capistrano, California 92675 117 59 Al2 10
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AND WHEN RECORDED, MAIL TO:
Margaret R Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Exempt from Recording Fees
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document: Historic Property Preservation Agreement — Mills Act Contract
David & Diane Armitage, Ross Ranch House
APN 124-212-16
AGREEMENT IN EXCHANGE
FOR
PUBLIC BENEFIT
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.
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".
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. Furnishinq 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
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 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 • 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
Mayor, sat❑ AI Iokato
By: i
—David Armitage, Prope Owner
By:war-�
- 'Diane Armitage, Prop6rty Owner
ATTEST:
Margaret Monahan, City Clerk
APPROVED AS TO FORM
I
John R. Shaw, City Attorney
Mills Act Contract 0 7 of 8 • Ross Ranch 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: Council Members
flaiyor AIIevato
NOES:
ABSENT:
ABSTAIN:
(SEAL)
Ilribar, Soto, Nielsen, Uso �111d
Margaret Monahan, City Clerk
Mills Act Contract • 8 of 8 • Ross Ranch House
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
On before me, l , is 'a
Notary Public, appeared t
Li personally known to me, or,
;Vproved 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/tfieySxecuted the same in his/her/theiuthorized
capacity(ies), and that by his/herb_ eir)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
d �� DANNY L. AYr
txpi _.
9 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On December 5, 2006 before me, Maria Morris, Deputy City Clerk, personally
appeared Sam Allevato personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person(s) acted, executed the instrument.
(SEAL)
WITNESS my hand and official seal.
Deputy City Clerk
OPTIONAL
Capacity Claimed by Signer
Municipal Corporate Officer
Title
Signer is Representing
City of San Juan Capistrano
Description of Attached
Document
Historic Property Preservation
Agreement- Mills Act Contract
David & Diane Armitage
Ross Ranch House
APN 124-212-16
Date: December 5, 2006