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14-0916_CRESS, CHAD & KATIE_Historic Property Preservation Agr - Mills Act Contract RECORDING REQUESTED BY: City of San Juan Capistrano City Clerk's Office Recorded in Official Records, Orange County 32400 Paseo Adelanto Hugh Nguyen, Clerk-Recorder San Juan Capistrano, California 92675 l� �� �ll)IIlI���� � llilll1 ��fillllll€€�� NO FEE 1 * $ 8 0 0 0 7 0 0 2 3 7 9 $ AND WHEN RECORDED, MAIL TO: 2014000398564 9:03 am 10101/14 4241SA12F13 9 Maria Morris, City Clerk 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 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 � = ern Historic Property Preservation Agreement— Mills Act Contract ` Chad & Katie Cress Assessor Parcel Number (APN) 124-202-28 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 CHAD & KATIE CRESS, OWNERS OF A DESIGNATED HISTORIC STRUCTURE AT 31442 EL CAMINO REAL, SAN JUAN CAPISTRANO, CALIFORNIA. THIS AGREEMENT (the "Agreement") is made and entered into this day of September, 2014 ("Effective Date"), by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Chad & Katie Cress (hereinafter referred to collectively as "Owner"). RECITALS WHEREAS, the City of San Juan Capistrano City Council is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historic properties to provide for the appropriate use, maintenance, and rehabilitation so that such properties retain their historic characteristics; and, WHEREAS, the Owner possesses fee title in and to certain qualified historical property, together with associated structures and improvements thereon, located at 31442 EI Camino Real, Assessor's Parcel Number 124-202-28, San Juan Capistrano, California 92675, also described as the Father O'Sullivan House (hereinafter referred to as "Historic Landmark Property"); and, WHEREAS, the Historic Landmark Property was officially designated as a Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the City of San Juan Capistrano, subject to subsequent amendments, pursuant to the Section 2-2.303 of the San Juan Capistrano Municipal Code (Cultural Heritage Commission Duties), and City Council Policy 601; and, WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Landmark Property to prevent inappropriate alterations and ensure that structures and site features are preserved and maintained, and to carry out the purposes of California Government Code, Chapter 1, Part 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 Effective Date of this Agreement, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 2, below. Section 2. Renewal. A. Each year on the anniversary of the Effective Date of this Agreement (the "Annual Renewal Date"), a year shall automatically be added to the initial term of the Agreement unless written notice of non-renewal is served as provided herein and as provided in Government Code Section 50280, as amended from time to time. B. If the Owner or the City desires in any year not to renew the Agreement, the Owner or the City shall serve written notice of non-renewal of the Agreement on the other party. Unless such notice is served by the Owner on the City at least ninety (90) days prior to the Annual Renewal Date, or served by the City on the Owner at least sixty (60) days prior to the Annual Renewal Date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. The Owner may mare a written protest of the City's notice of non-renewal. The City may, at any time prior to the Annual Renewal Date of the Agreement, withdraw its notice to Owner of non-renewal. D. If either the City or Owner serve notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. Section 3. Standards and Conditions. A. Owner shall preserve, maintain, and, where necessary, restore or rehabilitate the Historic Landmark Property and its character-defining features, including without limitation, the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior of the Historic Landmark Property to the satisfaction of the City and to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. In addition, Owner shall modify the existing arbor and gate to be a height equal to the existing fence, and shall obtain applicable permits to do so. B. Any physical changes shall comply with applicable City Land Use Code standards, and the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. 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 an inspection of the interior and exterior of the Historic Landmark Property by representatives of the County Assessor and the City, prior to the Effective Date of this Agreement and every five (5) years thereafter to determine the Owners` compliance with the terms and provisions of this Agreement. F. Owner hereby agrees that the Historic Landmark Property shall continue to be included on the City's Inventory of Historical and Cultural Landmarks (INCL) and furthermore, understands that any physical alternations to the Historic Landmark 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. 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 Historic Landmark Property to deteriorate to the point that it no longer meets the standards for a qualified historical property, .or if the City determines that the Owner has failed to preserve, restore or rehabilitate the Historic Landmark Property in the manner specified in Section 3 of this Agreement. if a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the Historic Landmark Property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12Y2% of the full value of the Historic Landmark Property at the time of cancellation without regard to any restriction imposed with this Agreement. Section 6. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. 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 Owner, then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief against any violation by the Owner as may be appropriate. B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing Historic Landmark Properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic Landmark Property to the covenants, reservations, and restrictions as set forth in this Agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Landmark Property. Every contract, deed, or other instrument hereinafter executed, delivered, and accepted shall be subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 8. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 To Owner: Chad & Katie Cress 31442 EI Camino Real 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. F. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. G. This Agreement small 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 S JUAN CAPISTRANO By: am Allevato, Mayor By: Chad Cress, Owner B Katie Cress, Owner r ATTES I �' M a ri'.1,IM CitV Clerk APPROVED ASI. R Hens Van L.igten, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of OnZD] before me, Liz 6tr (I fere insert name an titl of the offic personally appeared r Gr�s_ f' , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/awsubscribedd to the within instrument and acknowledged to me that he/shel. btl executed the same in his/her/their authorized capacity(ies), and that by his/her/�signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LIZ KAAACUSUANSKY WIT SS array h d and official seal. a tlw' Commission 2001848r Z ; Notary Public-California Z Z ' Orange County (Notary Seal) My Comm.Expires Jan I9,2017 . Signature of Notary P kie ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR.COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment.form must be properly completed and attached to that document. The only exception is (f a document is to be recorded outside of California.In such instances, any alternative =Title description a shed cement}� acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califbrnia (i.e. certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued} document carefullyfor proper notarial wording and attach.this form if required. • State and County information trust be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, CAPACITY CLAIMED BY THE SIGNER • Indicate the correct shigular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they;-is/are)or circling the correct forces.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer e The notary seal impression must be clear and photographically reproducible. mm _ Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgement forret. ❑ Partner(s) • signature of the notary public must match the signature on fie with the office of the county clerk. ❑ Attorney-tri-Fact •3 Additional information is not required but could help to ensure this El Trustee(s) acknowledgment is not misused or attached to a different document. ❑ OtherIndicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer,indicate the title(i.e.CFO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasics.com 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 September 24, 2014, before me, Maria Dorris City Clem, personally appeared Sarre AIlevato Major and Hans Van Listen, City Attorney, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) i.s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,and that by his/her/there signature on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State o f California that the foregoing paragraph is true and correct. 1 (SEAL) WIT_ E S hand and official. seal. Maria`lV14ris1 611 Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor and City Attorney Mills Act Contract Chad& Katie Cress APN 124-202-28 Title Signers are Representing City of San Juan Capistrano