12-0821_MCHUGH, PAUL V. & HANSJE_Historic Property Preservation Agr - Mills Act ContractTo:
Pau! McHugh
101 S. EI Camino Real, Suite 110
San Clemente, CA 92672
DATE: September 24, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Historic Property Preservation Agreement — Mills Act Contract APN 124-212-22
Enclosure:
(1) Copy of the Historic Property Preservation Agreement — Mills Act Contract APN 124-
212-22
If you have questions concerning the agreement, please contact Bill Ramsey, Assistant
Development Services Director at (949) 443-6334.
Cc: Bill Ramsey, Assistant Development Services Director
Scan Juan Capistrano: Preserving- the Past to enhance the Future
Printed on 100% recycled paper
• '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:
Marla Morris, City Clerk
City of San Juan Capistrano
32401 Paseo Adelanto
San Juan Capistrano, California 92675
Recorded In Official Records, Orange County
Torn Maty, Clerk-RecorderlIff II ii
N4 FEE
B 4 2 $
201200049701310:08 am 08128112
276 422 Al2 a
0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
Exempt from Recording Fees.
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
Historic Property Preservatilon Agreement -- Mitis Act Contract
Paul V. McHugh & Hansje McHugh
Assessor Parcel Number (APN) 124-212-22
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HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT
AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANG8, STATE OF CALIFORNIA, AND PAUL V.
MCHUGH & HANSJE MCHUGH, OWNERS OF A DESIGNATED HISTORIC
STRUCTURE AT 31462 LA MATANZA STREET, SAN JUAN CAPISTRANO,
CALIFORNIA.
THIS AGREEMENT is made and entered into this day of August,
2012, by and between the City of San Juan Capistrano (hereinafter referred to as the
"City") and Paul V. McHugh & H8nsje McHugh (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 v-Jth 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
31462 La Matanza Street, Assessor's Parcel Number 124-212-22, San Juan
Capistrano, California 92675, also described as the McHugh Property (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 e�171SLJre that structures and site feAtuTes 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 the dateof this agreement, and shall remain in effect
for a term of ten (1 g) years thereafter.
hereafter. Each year upon the anniversary of
Mills Act Contract 2 McHugh Propegy
the effective date, such initial term will automatically be extended as
provided in California Government Code Section 50280 through.54290
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 land Use Code
standards, and the "Secretary of the Interior's Standards for Treatment of
Historic Buildings." f=urthermore, the property shall comply with the
following conditions:
1. The existing 14 -inch diameter specimen Magnolia tree in the front
yard and the 9 -inch diameter specimen Elm tree in the rear yard
shall be preserved and the owner shall provide for the trees to be
periodically trimmed as needed by a licensed arborist and treated
for any pest or other infestations.
Mills 6gt Cork ct 3 McHugh- Pra e
2. The existing concrete front porch may be retained. However, the
property owner shall have the discretion to remove and replace the
concrete porch with a wood -framed, wood -decked porch subject to
securing any required demolition and/or building permits from the
City.
C. The Owner of the Historic Landmark Property shall secure Development
Services 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, 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 by 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.
F. Owner hereby agrees to have the Historic Landmark Property added to
the City's Inventory of Historical and Cultural Landmarks (IHCL) and
furthermore, understands that any physical alternations to the property or
the exterior of the house require the owner to submit and secure approval
of a Site Plan Review (SPR) application by the Cultural Heritage
Commission.
Sectlon 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 v. 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
Mills Act Contract 4 McHugh Pro e
92%% of the full value of the properly 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
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 persue 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 speck
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 specked by the parties hereto.
Mllis Act Contract 5 McHugh Properly
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
To Owner: Paul V. McHugh & Hansje McHugh
31452 La Matanza Street
San Juan Capistrano, CA 92675
Section 9. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be
deemed to create a partnership between the parties hereto and any of
their heirs, successors or assigns, nor shall such terms, provisions, or
conditions cause them to be considered joint ventures or members of any
joint enterprise.
B. The Owner agrees to and shall hold the City and its elected and appointed
officials, officers, agents, and employees harmless from liability for
damage or claims for damage for personal injuries, including death, and
claims for property damage which may arise from the direct or indirect use
or operations of the Owner or those of their contractor, subcontractor,
agent, employee or other person acting on their behalf which relates to the
use, operation, and maintenance of the Historic Landmark Property. The
Owner hereby agrees to and shall defend the City and its elected and
appointed officials, officers, agents, and employees with respect to any
and all actions for damages caused by, or alleged to have been caused
by, reason of the Owner's activities in connection with the Historic
Landmark Property. .
C. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, and costs of defense
incurred, by reason of the operations referred to in this agreement
regardless of whether or not the City prepared, supplied, or approved the
plans, specifications or other documents for the Historic Landmark
Property.
D. All of the agreements, rights, covenants, reservations, and restrictions
contained in this agreement shall be binding upon and shall 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.
MMLills Art Contract_- 6 McklqgtPro p rty
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.
GThis, 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 CAPIRANO
vt�
By -
Larry Kra r, Tayor
By-
baul V. McHugh, Trust e
The 2005 McHugh Family Trust
By
Han s c Hu g hTrustee
The 2006 McHugh Family Trust
ATTEST, 11
�u,
Marla -Morris, City Ci
APPROVED AS TO FORM:
U4
Ornar Sandoval, City Attorney \,
Mills Act Contract 7 McHugh Property
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
On lkaa ,
Notary Public, appea
[ l personally known to me; or,
$proved to me on the basis of satisfactory evidence
to be the person(&) whose name(e) is/am subscribed to the within instrument and
acknowledged to me that he/eheAhe* executed the same in hisihed4zeir authorized
capacity(ies), and that by hisAwi1ti* signature(e) on the instrument the person(s), or
entity upon behalf of which the person(&) acted, executed this instrument.
ACKNOWLEDGMENT
ESTHER AGUILAR
Commission * 1625035
Nloury pulpa - CAIRMY"
Oran" Cam+
T o'
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
WITNESS my hand and official seal,
Signature
OngjaaM�'� before me, 1& Z &M , a
proved to me on the basis of satisfactory evidence
to be the person(&) whose name(e) islve subscribed to the within instrument and
acknowledged to me that 4;e/she/VieT executed the same in lherltheif�►a thorized
capacity(i*, and that by 44stherltheir signature($) on the instrument the person(*, or
entity upon behalf of which the personW acted, executed this instrument.
611110-- WITNES y hand and official seal.
0 161
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pnl�la
s 2� r12 Signature
I
PU13LIC AGENCY FORM OF ACKNOWLEDGEMENT
State of Oalifbmia
Ci untv of Orange ss.
City of san,juan capis.tr.ano
(Gov't Code 40814 Civi I Code 118'i )
On August 22, 2012, before me, Christy Jaki, Depu, City Clerk, personally aj)peared
Lart-v K ier, Mayor who proved to me oa thQ basis gat qiiisi-actory evidence to the b� person(s)
whose nz,,,me(s) is/are subscribQd to the within instrument arid acknowledged to me, that h(-,-/,.;hc/d1cy
executed tho same in hig/licr/their autborized cal),acity. and thal by his/her there signature on. th.
instrument the person(,,)., or the calit} upon behalf of which the 1),erson(s) acted, executed t1ae
instrviment .
I certify under' PF�'INA LTY OF PERJU RY it nd er the laws of the State 0 f Ca I i forn I a that the forego ing
j)-arougraph is true and correct.
(SEAL)
=ff--
Cap,icity Claimed by Signei-s
Title
Signer is Re-presell till 6
City ofsall Juall capistrall()
WITNESS rny hand. and official seal.
ChrislNkl, Depwy 'City Clerk
\, It
Description of Au,.,icbed Docuimm
11itle or 1'ype oi' Docurnertt
Historic Property Preservation Agreement ---
Mills Act Contract Paul V, NleHugh & Lkm�je
Z�
MG14U,��Ih Assessor Parcel Number (APN)
124-212-22
Date of Docunwnt: August 21, 2012
Number of Pagc,-,
V-