14-0916_CRESS, CHAD & KATIE_Mills Act Contract 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:
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Exempt from Recording Fees:
Gov Code 27383&6903
City of San Juan Capistrano
This Space for Recorder's Use Only
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 ILQ�N
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 make 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 12'2% 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 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 S JUAN CAPISTRANO
By:
V Allevato, Mayor
By:
Chad Cress, Owner
By:
AT TrE JSKatie Cress, Owner
ATTES �
Mari Mo ( Ci Clerk
APPROVED AS FOR
Hans Van Ligten, Ci
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of I ULF 114e
On 23 201 before me, L C ,
(Here insert name an till of the ofRc
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are ubscribed to
the within instrument and acknowledged to me that he/sheelt�executed the same in his/her/their authorized
capacity(ies), and that by his/her/th&signature(s)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 of California that the foregoing paragraph
is true and correct.
LIZ KARACUSCHANSKY
WI SS my h d and official seal. Commission*2001848 Z
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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 September 24, 2014, before me, Maria Morris, City Clerk, personally appeared
Sam Allevato, Mayor and Hans Van Lieten, City Attorney, who proved to me on the basis of
satisfactory evidence to the be person(s)whose name(s) is/we 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 .
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
W S, hand and official seal.
i
M 's, C 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