Loading...
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 c cn cn n n ``' rn M n Q 11 r P� Nr 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 OWV 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-