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08-1118_CHARIS TRUST, PHILLIP S._Hist Property Preserv Agr - Mills Act Contract This Document s electronically recorded by Mouth County C Recorded in Official Records, Orange County RECORDING REQUESTED BY: Tom Daly,Clerk-Recorder City San Juan Capistrano Cl IIIIIII�IIIIIIIIINIIIIIIIIIIIIIIIIII NO FEE City Clerk's Office 32400 Paseo Adelanto 2008000555366 12:57pm 12/02/08 San Juan Capistrano, California 92675 119 28 Al2 9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 PreservationA reement— Mills Act Contract Phillip S Charis Trust APN 666-241-09 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 PHILLIP S CHARIS TRUST, OWNER OF A DESIGNATED HISTORIC STRUCTURE AT 27182 ORTEGA HIGHWAY, SAN JUAN CAPISTRANO, CALIFORNIA. +Trustee THIS AGREEMENT is made and entered into this 18th day of November, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Phillip S Charis Trust*(hereinafter referred to as "Owner"). `Trustee 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 27182 Ortega Highway, Assessor's Parcel Number 666-241-09, San Juan Capistrano, California 92675, also described as the Frank A. Forster Mansion (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. 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 November 18, 2008, 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 Mills Act Contract • 2 • Frank A. Forster Mansion 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 as described in the approved National Register of Historic Places nomination for the Frank A. Forster Mansion, 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 the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing 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. Mills Act Contract • 3 • Frank A. Forster Mansion 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 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 Mills Act Contract • 4 • Frank A. Forster Mansion 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: Phillip Charis.'01ustee Phillip S Charis Trust 25102 Alicia Drive Dana Point, CA 92629 Mills Act Contract • 5 • Frank A. Forster Mansion 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. 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. Mills Act Contract • 6 0 Frank A. Forster Mansion 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 APISTRANO By: w s Ma r - Joe Soto gy. Phillip Cha s Trust*Property Owner ATTEST: *Trustee — 7 ;Ity Jerk AP ROVED AS TO FORM: City+Ao ney ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11- lo -03 before me, Blanca E. Rodriguez, Notary Public, personally appearedr , iD cv clil a r V S who proved to rge on the basis of satisfactory evidence to be the perso whose name is/ace subscribed to the within instrument and acknowledged to me that he/shekhey executed the s e in his/herftheirauthorized capacit ' s), and that by his/herkheirsignature( n the instrument the person, or the entity upon behalf of which the person�o 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. WITNESS my hand and official seal, BLANCA E.RODRIGUI R COMM.M 1659156 NOTARY PUBLIC,CAUPOWA OpANOECOUlRY /AQpemm EMOUN A,f016 Signature jio,n'AC-'r7 o (seal) Type or Title of Document: lk,)Iyri Pry,1- f reyyy 0n TIPS Date of Document: Number of Pages: 5 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 November 18, 2008, before me,Marearet R.Monahan,City Clerk personally appeared Joe Soto.Mayor,who proved to me on the basis of satisfactory evidence to the be person whose name is subscribed to the within instrument and acknowledged to me that his signature on the instrument the person, or the entity upon behalf of which the person 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. Marg et . Monahan, City Clerk PTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Officer title Historic Property Preservation—Mills Act Mayor Phillip Charis Trust Signers are Representing City of San Juan Capistrano 11/18/2008 AGENDA REPORT D10 TO: Dave Adams, City Manager FROM: Steven A. Apple, AICP, Community Development Director SUBJECT: Consideration of Mills Act Contract for Frank A. Forster Mansion located at 27182 Ortega Highway (APN 666-241-09) (Phillip Charis) RECOMMENDATION: By motion: 1) Approve a Mills Act Contract for the maintenance and preservation of the following Inventory of Historic and Cultural Landmark property: 27182 Ortega Highway, Frank A. Forster Mansion, APN 666-241-09; Phillip Charis; and, 2) Direct the Community Development Department to process the recording of the Mills Act Contract with the County of Orange. SITUATION: 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. Property owners 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 owner of the above property has submitted an application requesting a Mills Act Contract for a qualified historic property (see Attachment 1). It is recommended that the City Council authorize the execution and recordation of the proposed contract. Agenda Report • • November 18, 2008 Page 2 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 as indicated on the attached matrix in Attachment 2. The property that is the subject of the current application is located east of Interstate 5 on Ortega Highway (see Attachment 3) and is described below: 27182 Ortega Highway, Frank A. Forster Mansion The Frank A. Forster Mansion was listed in the National Register of Historic Places in 1986. Attachment 5 includes general photographs of the building. The building is the only remaining Mission Revival style building in San Juan Capistrano. It was designed by Los Angeles-based master architects Robert Train and Robert Williams and built in 1910 for Frank and Ada Forster. Totaling about 3,500 square feet of habitable area, plus a basement and the remaining two levels of the well house, the home was completely restored by the previous owner, Martha Gresham. The building exhibits character-defining features of the Mission Revival architectural style, including stucco walls; single barrel clay-tile roofs; Mission Revival style espadana parapet walls; exposed rafter tails, beams and brackets; an arched porch on the north and west sides; a column and beam porte cochere, on the east side; and multiple paned wood-framed windows. The interior is exquisite and immaculately maintained. Interior features include fir wainscoting and paneling; beamed ceilings; oak floors; and a unique full height cobblestone fireplace, etc. The site is a little over half an acre and the grounds are beautifully maintained with five mature trees noted in the National Register nomination as well as numerous shrubs, trees, flowering plants, lawn, a fountain and decorative "saints" wall. The Mills Act Contract for the property (see Attachment 4) contains 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" Agenda Report • • November 18, 2008 Page 3 • 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'/% penalty • Indemnifies and holds the City harmless from all claims • Requires the agreement to be recorded with the County Recorder Since the property was already completely restored by Martha Gresham and the Charis's have preserved the site in accordance with historic standards, there is no need to include any specific restoration conditions of approval. However, the City Council should be aware that there is currently an active code enforcement case with the owner of the business at the site, The Forster Mansion Exclusive Events. A special events facility use was initiated at the site mid-2008 and requires, but does not have, a City- approved Conditional Use Permit and business license. This issue should not be a reason to delay action on or deny the Mills Act Contract; the Contract is one of the best preservation mechanisms available to public agencies as it carries with it a penalty in the extreme event that a Contract is canceled for breach. The boilerplate Mills Act Contract that was approved the City Council in 1996 does not contain a provision requiring the property to comply with all applicable laws, codes, regulations and standards. It simply requires compliance with historic standards and guidelines. The Government Code gives the City the ability to add such a provision to the Mills Act Contract and many other cities have done so in their own versions of the Contract. While the Cultural Heritage Commission did not decide to recommend adding this provision, staff suggests the Council consider adding this provision to the Mills Act Contracts, beginning with the current one. This provision to require compliance with all applicable laws, codes, regulations and standards would mean that violations of the local Municipal Code could be considered a potential breach of the Mills Act Contract. If the Council concurs, staff will modify the current Contract before it is executed and recorded, and will bring back the revised boilerplate Contract for Council approval at a future meeting. Project 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 Agenda Report • • November 18, 2008 Page 4 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. The property meets the goals and policies of the General Plan Cultural Resources Element and Council Policy 601. The owner has agreed with the preservation and maintenance provisions along with the rest of the mandated terms in the Mills Act Contract. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Cultural Heritage Commission considered a recommendation on the Mills Act Contract on October 28, 2008. The CHC voted 5-0 to recommend approval of the Mills Act Contact. 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%. The Mills Act contracts in place so far in San Juan Capistrano. have seen a range of tax reductions between 11% and 89%, averaging 57%. Based on the Orange County Tax Assessor's property value and tax information for the current year for this property, the City will receive approximately $1,100 in property tax revenue from the property this year. Based on a potential 15% to 60% reduction in the property tax for this building, the Mills Act Contract could result in a loss of property tax revenue to the City of between $170 and $700 a year. This fiscal impact is negligible and is considered insignificant in light of the public benefit to the community from preservation of this Nationally Registered historic structure. NOTIFICATION: There are no public notification requirements for Mills Act Contracts. The applicant was notified of the date of the meeting. Agenda Report • • November 18, 2008 Page 5 RECOMMENDATION: By motion: 1) Approve a Mills Act Contract for the maintenance and preservation of the following Inventory of Historic and Cultural Landmark property: 27182 Ortega Highway, Frank A. Forster Mansion, APN 666-241-09; Phillip Charis; and, 2) Direct the Community Development Department to process the recording of the Mills Act Contract with the County of Orange. Respec9App mitted J Prepared by: Steven Teri Delcamp Community Development Director Historic Preservation Manager Attachment(s): 1. Inventory of Historic and Cultural Landmarks, as amended March 20, 2007 2. Existing Mills Act Contract properties 3. Vicinity Map 4. Mills Act Contract, 27182 Ortega Highway, Frank A. Forster Mansion 5. General photographs of the building �e INVENTORY OF HISTORIC AND CULTURAL ^° LANDMARKS (IHCL) city of san juan capistrano, california The Inventory of Historic and Cultural Landmarks (IHCL) 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 priorto issuance of any grading or building permit. Private structures listed on the IHCL are potentially eligible forAMills Acta 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, 124-180-03 26801 Ortega Highway& 31522 Camino Capistrano P2 Rios Adobe 121-160-16 31781 Los Rios Street P3. Montanez Adobe (NRNP) 121-143-14 31745 Los Rios Street P4. Silvas Adobe 121-160-48 31861 Los Rios Street P5. Mission Kiln 124-202-46 31401 EI Horno Street P6. Miguel Parra Adobe (NRHP) 666-191-18 27762 Ortega Highway P7. Pablo Pryor Adobe/Hide House 121-254-04 33751 Camino Capistrano P8. Blas Aguilar Adobe (Casa de Esperanza) (NRNP) 124-160-08 31806 EI Camino Real P9. Manuel Garcia Adobe (NRNP) 121-150-28 31861 Camino Capistrano P10. Burruel Adobe Ruins 124-160-12 EI Camino Real and Forster Street P11. Domingo Yorba Adobe (NRNP) 121-150-28 31871 Camino Capistrano P12. Juan Avila Adobe 121-150-26 31831 Camino Capistrano IHCL.FinaL2007Mar20.Updated.doc ATTACHMENT 1 t • Inventory of Historic and Cultural Landmarks 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 31892 Camino Capistrano P16. Buddy Forster,Residence (building) 121-143-17 31721 Los Rios Street(formerly 25642 Cam. Del Avion) P17. Frank A. Forster Mansion (NRHP) 666-241-09 27182 Ortega Highway P18. Garcia/Pryor Residence- O'Neill Museum 121-160-47 31831 Los Rios Street P19. Hankey/Rowse Cottage 664-031-26 30981 Via Cristal (formerly 28232 Ortega Highway) P20. C. Russell Cook Barn 121-182-58 32222 Del Obispo Street P21. Hot Springs Dance Hall 668-101-03 32506 Paseo Adelanto P22. Joel Congdon Residence (NRHP) 121-190-57 32701 Alipaz Street P23. R. B. Cook House/Ocean Hills Community Church 121-182-60 32272 Del Obispo Street P24. Errecarte House 664-053-01 30882 Via Errecarte (formerly 28432 Ortega Highway) P25, Harrison Farmhouse (NRHP) 666-191-18 27762 Ortega Highway P26. English/Hardy House 121-143-02 26652 Ramos Street (formerly on Camino Capistrano) P27. Old San Juan Capistrano Fire Station Complex 124-203-03, -21 La Matanza and EI Horno P28. Community Christian Church 124-170-11 31612 EI Camino Real P29. I Eyraud-Chabre-Lohrbach House 124-190-07 31382 EI Camino Real IHCL.Final.2007Mar20.Updated.doc 0 0 Inventory of Historic and Cultural Landmarks Page 3 No. Property Name &Address Assessor Parcel No. P30. Stroschein House 124-170-08 31682 EI Camino Real P31. Esslinger Building (NRHP) 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.C. McCary House 124-203-23 (front), 31501 La Matanza Street P36. Albert Pryor Jr. House 124-201-17 31321 Andres Pico Road P37 Bill Rosenbaum House 124-202-27 31440 EI Camino Real P38 Hugo Forster House#2 124-201-13 31341 Andres Pico Road P39. Arley Leck House (building) 121-160-48 31865 Los Rios Street Roger Y. Williams/Swanner House Complex P40. (NRHP) 121-050-03; portion of 121- 29991 Camino Capistrano 050-19 Historic Districts D1. Mission Refuse Area, EI Camino Real & EI Horno 124-203-15 . D2. Mission Cemetery, Ortega Highway 650-142-02 D3. River Street (located in the Los Rios Historic portions of 121-160-17, -20, District) -21, -22, & -28 D4. Capistrano Union High School Site (Serra 124-190-22 Continuation High School), 31422 Camino Capistrano D5. Los Rios Historic District (NRNP) 121-141-17, -20, -21, -22, -23, - 24; 21-141-17, -20, -21, -22, -23, - 24; 121-142-11, -13, -14; 121-143-03, -04, -05, -15, -16, - 17; 21-143-03, -04, -05, -15, -16, - 17; 121-160-08, -09, -10, -11, -14, - 15, -16, -17, -41, -47, -48 IHCL.FinaL 2007Mar20.Updated.doc Inventory of Historic and Cultural Landmarks Page 4 No. Property Name &Address Assessor Parcel No. D6. Little Hollywood: 31362 & 31342 Ramos Street, 121-142-01, -17; 649-281-05 26604 Mission Street Historjp 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 NRNP Listings, not on local IHCL Hot Springs Road, Ortega Hwy., (NRNP) (NRNP) "National Register of Historic Places" IHCL.Flnai.2007Mar20.Updated.doc Active Mills Act Contract Properties Log No. Hrstoft'R perty t4 trie Sire Address API C3wne�s Name W6 Hankey-Rowse House 30981 Via Cristal 664-031-26 Alan P. Robinson 2 Trulis House 31711 Los Rios Street 121-143-05 Allan A. Niccola " Rodman House 31731 Los Rios Street 121-143-15 Allan A. Niccola 31733 Los Rios Street 121-143-16 Allan A. Niccola Buddy Forster House 31721 Los Rios Street 121-143-17 Allan A. Niccola 3 Stroschein House 31682 EI Camino Real 124-170-08 Thomas J. Meadows MAC 06-01 Combs House 26711 Verdu o Street 121-141-24 Monica Mukai • MAC 06-02 Clarence Lobo House 31712 Los Rios Street 121-141-20 Tamara Mazzei MAC 06-03 Rios/Stanfield House 31701 Los Rios Street 121-143-04 Ira' Doura hi MAC 06-04 Walter Congdon House 31501 La Matanza 124-203-23 David & Reagan Ewing " Cleo C. McCary House 31501 La Matanza 124-203-23 David & Rea an Ewing MAC 06-05 Ross Ranch House 31491 La Calera 124-212-16 David & Diane Armitage MAC 06-06 Durnford/Marco Forster 31319 Andres Pico Rd. 124-201-24 Christopher Zell & Matthew IJacob MAC 07-01 Esslin er Buildin 31866 Camino Capistrano 124-160-17 William IGriffith Y Y n x z N :�, � - 1 � ♦ � � � 1 �, l � T�! -R ♦ ' }� � ..' / ,�1 '� � � ' _ ,fir► � ., �%` � �. '' ��� � � ���1� -. 1' 1 1 {� � � I. • '.. • �� ,� �.' 1�'�����1��• �� iI's'•rIf t , 'tel � �, I � � v „�, � 111 .111 •111 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 PHILLIP S CHARIS TRUST, OWNER OF A DESIGNATED HISTORIC STRUCTURE AT 27182 ORTEGA HIGHWAY, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 181h day of November, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Phillip S Charis Trust (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 27182 Ortega Highway, Assessor's Parcel Number 666-241-09, San Juan Capistrano, California 92675; also described as the Frank A. Forster Mansion (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. 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 November 18, 2008, 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 ATTACHMENT 0 0 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 as described in the approved National Register of Historic Places nomination for the Frank A. Forster Mansion, 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 the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing 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. 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 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 0 0 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: Phillip Charis Phillip S Charis Trust 25102 Alicia Drive Dana Point, CA 92629 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. 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. 0 0 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: Phillip S Charis Trust, Property Owner ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On before me, a Notary Public, appeared ❑ 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/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 hand and official seal. Signature Frank 1�q 1 t rm g e� ti \qQ. �. � ,. _ .w n <tY Y1_ f Frank A. Forster Mansion � ^ » �•.��� � � , \\- . . . . «¥. . . �\� � � � ►« < NOV-17-2008 02 :35 PM PRE GRENIER 11118/2008 D10 November 14, 2008 RECEIVED Steven Apple, Community Development Director 1008 NOV I l P 2: 30 ' City of San Juan Capistrano CITY CLERK 32400 Paseo Adelante SAN JUAN CAPISTRANO San Juan Capistrano, CA. 92675 RE: City Council meeting November 18, 2008 to consider the Mills Act contract for the Frank A. Forster Mansion, (Philip Charis). I am in favor, if modified, of the Mills Act contract being granted to the Forster Mansion and any other historical site that qualifies. Since the Mills Act currently grants the City to enter into contracts with the owners of qualified historical properties, the owner must participate in restoration and maintenance of the historic property, and in return, will receive tax relief. It is a good preservation mechanism, However, the Mills Act contract as it was adopted by the City Council in 1996, currently contains no provision requiring the property to comply with applicable laws, codes or regulatory requirements and only addresses historic standards and guidelines. Because of the non-compliance regarding codes, licenses, and permits of the current business at the Forster Mansion historical site, (The Forster Mansion Exclusive Events) it is clear that the City Council needs to add provisions to the existing Mills Act requiring mandatory compliance with applicable laws and codes. Violators would then been in breach of the Mills Act contract and appropriate actions could be taken other than the existing mechanism now in place. Therefore, I am in agreement that the City Council should modify the current Mills Act of 1996, and revise the contract to include penalties for non-compliance of laws, codes, and required permits beginning with the current Forster.Mansion (Philip Charis) application. Sincerely, Cameron Grenier NOV-17-2008 02 :35 PM PRE GRENIER 7607 2445 P. 01 FAX COVER SHEET TO: Steven Apple Community Development Director City of San Juan Capistrano FAX (949) 661-5451 FROM: Cameron Grenier RE: City Council meeting, November 18, 2008 Mills Act Contract, Forster Mansion NUMBER OF PAGES: 2 including the cover sheet Message: Please call me if you did not receive all pages included in this fax or if you have any questions at (760) 322-5699 Thanks. , RECORDING REQUESTED BY: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, California 92675 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 Phillip S Charis Trust APN 666-241-09 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 PHILLIP S CHARIS TRUST, OWNER OF A DESIGNATED HISTORIC STRUCTURE AT 27182 ORTEGA HIGHWAY, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT is made and entered into this 18th day of November, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Phillip S Charis Trust (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 27182 Ortega Highway, Assessor's Parcel Number 666-241-09, San Juan Capistrano, California 92675, also described as the Frank A. Forster Mansion (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. 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 November 18, 2008, 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 Mills Act Contract • 2 • Frank A. Forster Mansion 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 as described in the approved National Register of Historic Places nomination for the Frank A. Forster Mansion, 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 the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing 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. Mills Act Contract • 3 • Frank A. Forster Mansion 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'/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 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 Mills Act Contract • 4 • Frank A. Forster Mansion 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: Phillip Charis Phillip S Charis Trust 25102 Alicia Drive Dana Point, CA 92629 Mills Act Contract • 5 is Frank A. Forster Mansion 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. 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. Mills Act Contract • 6 • Frank A. Forster Mansion 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 APISTRANO By: w s Ahillip e Soto Bya s Trust, Property Owner ATTEST: City lerk AP ROVED AS TO FORM: 4,1 A City At o ney ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11- lo -03 before me, Blanca E. Rodriguez, Notary Public, personally appearedh e t l� `v • 011cif I S who proved to rUe on the basis of satisfactory evidence to be the perso whose name is/ate subscribed to the within instrument and acknowledged to me that he/sMe/they executed theme in his/he4theirauthorized capacity ' s), and that by his/herkheirsignature(g)on the instrument the person, or the entity upon behalf of which the personal 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. WITNESS my hand and official seal. BLANCA E. 16391 COMM.N 16591 S66 NOTARY PUBUC,CAUFORMA ORANGE COUNTY �,Cemn VplreAp111 t,1010 Signature ��i����� (seal) Type or Title of Document: rk'3iyro. pr-Docib (Y-eyaya n Hsi rlo 'w Ij Date of Document: Number of Pages: 5- PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On November 18, 2008, before me, Margaret R. Monahan, City Clerk,personally appeared Joe Soto.Mayor,who proved to me on the basis of satisfactory evidence to the be person whose name is subscribed to the within instrument and acknowledged to me that his signature on the instrument the person, or the entity upon behalf of which the person 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. Marg et . Monahan, City Clerk PTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Officer title Historic Property Preservation—Mills Act Mayor Phillip Charis Trust Signers are Representing City of San Juan Capistrano