HomeMy WebLinkAbout12 MILLS ACT PROGRAM – HISTORIC PROPERTY PRESERVATION DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
12
Agenda Item
DS
AGENDA REPORT Reviewed:
City Manager
Finance Director N/A
MEETING DATE: DECEMBER 7, 2021
TO: MATTHEW S. WEST, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 200 SOUTH B STREET
SUMMARY:
The Mills Act is State legislation that provides for reduced property taxes on a historic
property if the property owner agrees to maintain and preserve the property for a minimum
of ten (10) years. On June 16, 1997, the adoption of City Council Resolution No. 97-50
authorized the implementation of a Mills Act program and established a policy specifying
which properties would be eligible for the program. Attachment A of this report includes a
draft Historic Property Preservation Agreement (Agreement) for the property located at 200
South B Street
Owner: Joseph Heredia
Location: 200 South B Street (Assessor's Parcel Number: 401-562-01)
RECOMMENDATION:
That the City Council adopt Resolution No. 21-102 authorizing the execution of a Historic
Property Preservation Agreement (commonly referred as Mills Act Contract)with Mr. Joseph
Heredia, the owner of the property located at 200 South B Street.
FISCAL IMPACT:
The execution of the Agreement would reduce the property owner's property tax payment
by approximately Three Thousand One Hundred Dollars ($3,100.00) annually and
proportionately reduce the City's share of the property tax revenue for the property. The
$500.00 application fee partially offsets staff and City Attorney fees to meet with the
applicant, conduct the property inspection, review the application, prepare correspondence,
the contract and City Council report, and administer the contract, which are estimated to be
$1,500 for the minimum ten (10)-year contract period.
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City Council Report
Mills Act Program
December 7, 2021
Page 2
CORRELATION TO THE STRATEGIC PLAN:
The proposed Historic Property Preservation Agreement furthers Goal A of the City of
Tustin's Strategic Plan pertaining the vibrancy and quality of life in all neighborhoods and
areas of the community.
BACKGROUND AND DISCUSSION:
Adopted by the California Legislature in 1976, the Mills Act gives local governments the
authority to grant property tax relief to owners of qualified historic properties, including
owner-occupied single-family residences and income producing properties. In exchange for
this relief, the property owners must agree, by contract, to maintain the properties in
accordance with specific historic preservation standards and conditions.
According to State law, all properties that are assessed property taxes and listed on a
historic register or survey, are potentially eligible to participate in a local Mills Act program.
If desired, each community has the discretion to target the program to specific historic
properties. In June of 1997, the Tustin City Council authorized the implementation of a Mills
Act program in the City of Tustin and established a policy for Historic Property Preservation
Agreements (Mills Act contracts) by resolution.
Pursuant to Council's direction, the Mills Act program is made available to the owners of
residential properties with an "A," "B," or "C" rating in the 1990 Tustin Historical Resources
Survey. Residential properties with equivalent ratings in the 2003 and 2021 Historical
Resources Survey are also eligible to participate.
Property Description
The residence at 200 South B Street has a "5D1" rating in the City's 2021 Historical
Resources Survey. A "5D1" rating in the 2021 Historical Resources Survey represents a
property that appears to be eligible for listing in the National Register. The period of
significance for this property is from 1914 to 1945 and the Craftsman-style home was built
in 1919. Excerpts of the 2003 and 2021 Historical Resources Surveys for the property are
attached (Attachment B).
The surveys contain a description of the character-defining features of this home which
include but are not limited to the following:
• Cladding in medium width clapboards;
• Stucco clad elephantine porch piers;
• Broad gabled-roof, wide eaves and exposed rafter tails;
• Double hung windows;
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City Council Report
Mills Act Program
December 7, 2021
Page 3
• Single clapboard clad garage matching the house located at the rear of the property.
The property is also significant because Alton and Leona Alderman, the owners of the Tustin
Hardware Company built this bungalow in 1923 and continued to own the house until 1939.
Upon the death of Alton Alderman in 1938, Leona Alderman continued to rent the house out
until she sold it to Robert G. and Ann Elmore in 1952. Mr. Robert G. Elmore was an
employee of the Eltiste Company, a well-known tractor and equipment sales organization.
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Figure 1
Mills Act Contract Provisions
Exhibit A of Resolution 21-102 includes a draft Agreement (Mills Act contract) prepared by
the City Attorney and the Community Development Department for the property located at
200 South B Street.
The draft Agreement contains all of the contract provisions required by State law. These
provisions are discussed below. As requirements of State law, these provisions may not be
modified.
Required Mills Act Contract Provisions
As noted in the draft Agreement, the required minimum term of an Agreement (Mills Act
contract) is ten (10) years. Each year, the contract term is automatically extended an
additional year, unless terminated by the property owner or the City of Tustin for any reason.
If terminated without penalty, the Agreement would end at the end of the current ten (10)-
year term. The property owner is assessed a penalty of twelve and one-half (12.5) percent
of the property's current fair market value at the time of cancellation if the contract is
canceled by the property owner prior to the end of the ten (10)-year period. However, there
is no penalty for contract cancellation if the property is significantly damaged by an Act of
God or accidental cause, such as fire, flood, or earthquake.
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City Council Report
Mills Act Program
December 7, 2021
Page 4
If the property is sold, the contract is binding upon all successors in interest to the owner,
who will have the same rights and obligations under the contract as the original owner who
entered into the contract.
Pursuant to Section 50281 of the California Government Code, the Agreement provides for
the preservation and maintenance of the characteristics of historical significance of the
qualified historical property. City staff would utilize the Secretary of the Interior's Standards
for Rehabilitation, the City of Tustin Residential Design Guidelines, and applicable Building
Codes in evaluating the preservation, maintenance, and rehabilitation of the property.
The interior and exterior of the premises must be made available for periodic examinations
by prior appointment by representatives of the City, County Assessor, State Department of
Parks and Recreation, and State Board of Equalization. Furthermore, to ensure compliance
with the terms and provisions, the Agreement includes a provision that requires the owner
to furnish any pertinent information needed by the City.
Tustin Mills Act Contract Provisions
The draft Agreement includes standard terms and conditions, which are contained within
Exhibit A of the draft Agreement (Attachment A). The provisions are intended to be modified
on a case-by-case basis.
For example, the Agreement provides for the restoration or rehabilitation of the property
according to the U.S. Secretary of the Interior's Standards for Rehabilitation, the State
Historical Building Code, and the regulations of the State Office of Historic Preservation.
The Agreement also includes provisions which requires the property owner to submit a
photographic portfolio showing all buildings and structures on the property, on-going
landscape and property maintenance, a schedule for repair and rehabilitation, maintain
property visibility, submission of an annual report, and a prohibition on demolition.
The items included in the schedule for repair and rehabilitation were identified by City staff,
in consultation with the owner, as being necessary over the minimum ten (10)-year contract
term. By entering into an Agreement with the City, the owner would agree to the following:
Year 1
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to remove unpermitted enclosed porch on the front of the
house.
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to remove existing steps and construct new steps to access
the front door, in accordance with the Building Code.
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City Council Report
Mills Act Program
December 7, 2021
Page 5
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to remove and replace the steps leading to the back door in
accordance with the Building Code and patch the door sill.
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections, for the demolition of the unpermitted corrugated steel garage
and construct a new 2-car garage.
Year 2
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to replace the of metal framed windows with wood windows
appropriate to the historic architectural style of the house.
• Paint and repair exterior siding. Submit plans, obtain a permit, and obtain a
Certificate of Appropriateness prior to commencing the work.
• Install landscaping in front yard and side yard. Submit plans and obtain approval
prior to commencing the work.
Year 3
• Submit plans, obtain a Certificate of Appropriateness and permits, and obtain required
inspections for repair of siding and basement cover on north side of the house.
Year 5
• Repaint the exterior of the house, detached structure, and garage. Submit plans and
obtain approval prior to commencing the work.
According to the terms of the contract, the improvements may be completed to the
satisfaction of the City no later than one (1) year following the year indicated.
Contract Recordation
Following contract execution, the Agreement will be recorded with the Orange County
Recorder's Office and copies will be forwarded to the County Assessor and the State Office
of Historic Preservation.
Because Mills Act assessments are made on an annual basis, the tax benefits associated
with executed contracts submitted to the County Assessor by January 1 will take effect on
the following July 1 of the same year.
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City Council Report
Mills Act Program
December 7, 2021
Page 6
DocuSigned by: DocuSigned by:
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Mary Salman Justina L. Willkom
Assistant Planner Community Development Director
Attachments: A. Resolution No. 21-102
Exhibit A: Historic Property Preservation Agreement
B. 2003 and 2021 Historical Resources Survey excerpts, 200 South B
Street
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ATTACHMENT A
RESOLUTION NO. 21 -102
EXHIBIT A: HISTORIC PROPERTY PRESERVATION
AGREEMENT
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RESOLUTION NO. 21-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT
DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY
LOCATED AT 200 SOUTH B STREET, TUSTIN, CALIFORNIA.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the State of California enacted the Mills Act (California Government
Code Section 50820 et seq.), which authorizes cities to enter into contracts with the owners
of qualified historic properties to provide for the use, maintenance, and restoration of such
historical properties so as to retain their characteristics as properties of historical
significance;
WHEREAS, the Tustin General Plan identifies the following policies related to the
preservation of historic properties:
1) Encourage the restoration and rehabilitation of properties in Tustin eligible for
inclusion on the National Register of Historic Places according to the rehabilitation
guidelines and tax incentives of the National Trust for Historic Preservation.
2) Preserve historically significant structures and sites and encourage the conservation
and rehabilitation of older buildings, sites, and neighborhoods that contribute to the
City's historic character.
3) Preserve historic and architecturally significant residential properties.
4) Retain and protect significant areas of archaeological, paleontological, or historical
value for education and scientific purposes;
WHEREAS, the City Council adopted Resolution No. 97-50 on June 16, 1997, and
determined that the use of historic property preservation agreements in Tustin will be limited
to residential properties that are not exempt from property taxation and have an "A," "B," or
"C" rating in the City of Tustin Historical Resources Survey;
WHEREAS, the 1990 City of Tustin Historical Resources Survey was updated in
2003, and the 2003 Survey has an updated rating system with ratings that are equivalent to
the ratings in the 1990 Survey;
WHEREAS, the owner of the property located at 200 South B Street has submitted
an application to enter into a historic property preservation agreement with the City of Tustin;
WHEREAS, the residential property at 200 South B Street qualifies for a historic
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Resolution No. 21-102
Page 2
property preservation agreement because it has " "5D1" rating in the 2021 City of Tustin
Historical Resources Survey;
WHEREAS, the preservation of individual historic properties through the execution
of historic property preservation agreements in Tustin would serve to maintain the historical
integrity of individual structures citywide, including those within the Tustin Cultural
Resources District;
WHEREAS, the preservation of important resources and neighborhoods would have
beneficial indirect effects on local businesses, economic stability, and community pride; and
WHEREAS, pursuant to Section 15308 (Categorical Exemptions) of the California
Environmental Quality Act (CEQA), historical agreements are considered categorically
exempt from the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin
authorizes the Community Development Department to coordinate, process, and execute
the historic property preservation agreement attached hereto as Exhibit A with the owner of
the property located at 200 South B Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 7th day of December, 2021.
LETITIA CLARK
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
Attachment: Draft Historic Property Preservation Agreement
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Resolution No. 21-102
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 21-102
ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing Resolution No. 21-102 was duly and
regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council,
held on the 7t" day of December, 2021 .
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
CITY CLERK
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WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this 7t" day of December, 2021, by and between the
City of Tustin ("City"), a municipal corporation, and Joseph Heredia ("Owner").
RECITALS
WHEREAS, pursuant to Government Code Section 50280 et seq. (the "Mills Act"),
the City of Tustin is authorized to contract with the owner of a Qualified Historical Property
to restrict the use of the property and to provide for its appropriate use, maintenance and
rehabilitation so that it retains its historic characteristics; and
WHEREAS, the City Council has approved by resolution the use of such contracts
to encourage the preservation of Qualified Historical Property in the City; and
WHEREAS, Owner possesses fee title to that certain property located on Assessor's
Parcel Number 401-562-01, commonly known as 200 South B Street, in the City of Tustin,
California ("Property"). A legal description of the Property is attached hereto, marked as
Exhibit 'A" and is incorporated herein by this reference; and
WHEREAS, the Property is located is listed in the City of Tustin Historical Resources
Survey, which satisfies the requirements of Government Code Section 50280.1 as a
Qualified Historical Property; and
WHEREAS, the Property is residentially zoned and has an "A", "B", or "C" rating in
the City of Tustin Historical Resources Survey, all of which satisfies the criteria established
by City Council Resolution No. 97-50.
WHEREAS, the City and Owner, for their mutual benefits, now desire to enter into
this Agreement to limit the use of the property to prevent inappropriate alterations and
ensure that the character-defining features are preserved and maintained in an exemplary
manner, 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
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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, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
1. Property Subject to this Agreement
The Property which is the subject of this Agreement is identified as Assessor Parcel
Number, 401-562-01, commonly known as 200 South B Street, Tustin, California. A
legal description of the Property is attached hereto, marked as Exhibit "A," and is
incorporated herein by this reference.
2. Definitions
Except as otherwise defined herein, the following words and phrases have the
following meanings:
"Serve notice" means to follow the notice procedures of Section 13.
"Owner" means the property owner(s) of record of the Property and includes
assignees with rights of possession and successors in interest to the Owner
signing this agreement.
"Qualified Historical Property" means privately owned property which is not
exempt from property taxation and which meets the criteria set forth in
Government Code Section 50280.1
3. Commencement, Term and Renewal of Agreement
A. This Agreement shall become effective on the date first above written, and
unless canceled pursuant to Section 11, shall remain in effect for a term of ten
(10) years.
B. Each year, upon the anniversary of the effective date of this Agreement, the
term shall automatically be extended for one additional year unless written
notice of nonrenewal is served as provided herein. See Section 13 for
procedures on service of notice.
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C. If Owner or City desires in any year not to renew this Agreement, such party
shall serve written notice of nonrenewal on the other party.
(1) If served by Owner, notice of renewal must be served on City at least
ninety (90) days prior to the annual renewal date.
(2) If served by City, notice of renewal must be served on Owner at least
sixty (60) days prior to the annual renewal date.
(3) Failure to meet the notice deadlines above will result in one year being
automatically added to the term of this Agreement.
D. Within fifteen (15)calendar days of the date of the City's notice of nonrenewal,
Owner may make a written protest to the City.
(1) Upon receipt of such protest, the City Council shall schedule a hearing
on the matter prior to the annual renewal date.
(2) At such hearing, Owner may present any information which Owner
deems relevant.
(3) Based on Owner's protest and the information presented at the
hearing, the City Council may withdraw the City's notice of nonrenewal
at any time prior to the annual renewal date.
E. Any notice of nonrenewal which has not been withdrawn prior to the next
annual renewal date, shall be recorded with the Orange County Recorder.
F. After the annual renewal date, the parties may agree at any time, by written
and recorded instrument, to reinstate the ten-year term of this Agreement and
renewal provisions hereof.
G. Unless this Agreement is otherwise canceled as provided in Section 11, after
notice of nonrenewal has been served and not withdrawn, this Agreement
shall remain in effect for the balance of the term remaining, including any prior
renewal term.
4. Recordation of Agreement
The City Clerk shall record this Agreement with the Orange County Recorder within
twenty (20) days of its execution by both parties.
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5. Notice to Office of Historic Preservation
Owner shall provide, or cause to be provided, written notice of this Agreement to the
State Office of Historic Preservation within six months of the effective date of this
Agreement, which is June 7, 2022. The City shall provide owner with the applicable
address.
6. Standards and Conditions for Maintenance of Property
The Property shall be subject to the standards and conditions set forth in Exhibit "B",
which is attached to this Agreement and incorporated herein by this reference.
Owner shall comply with the standards and conditions set forth in Exhibit "B".
7. Periodic Examination of Property
Upon prior notice, Owner shall allow the reasonable periodic examination of the
interior and exterior of the premises of the Property by representatives of City, the
Orange County Assessor, the State Department of Parks and Recreation, and the
State Board of Equalization, as may be necessary to determine Owner's compliance
with the terms of this Agreement.
8. Furnishing Information
Owner shall furnish City with any and all information requested by City, which may
be necessary or desirable to determine Owner's compliance with this Agreement.
9. Enforcement of Agreement
In lieu of and/or in addition to any provisions to cancel this Agreement, City may bring
an action in court to enforce this Agreement, including, but not limited to, an action to
enforce this Agreement by specific performance or by injunction. If the City
determines there is a violation of the provisions of this Agreement by Owner, and City
decides to enforce rather than cancel the Agreement, City shall send written notice
to Owner in accordance with Section 13. If such violation is not corrected to the
reasonable satisfaction of the City within thirty (30) days after the date the notice of
violation is sent by mail, or within such longer period of time as specified or agreed
to by City, then City may, without further notice, declare a default under the terms of
this Agreement and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, including, but not limited to, bringing actions for
specific performance or injunctive relief.
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10. Binding Effect on Successors and Assigns/Covenants Run with the Land
A. This Agreement is binding upon and inures to the benefit of all successors in
interest to Owner, to Owner's assigns and all person acquiring any part or
portion of the Property, whether by operation of law or otherwise.
B. The Owner hereby subjects the Property to the covenants, reservations and
restrictions as set forth in this Agreement, including Exhibit "A". 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 Property. Each and every contract, deed or
other instrument hereinafter executed, covering or conveying the Property, or
any portion thereof, shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions
expressed in this Agreement regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other
instrument. City and Owner hereby declare their understandings and intents
that the burden of the covenants, reservations and restrictions set forth herein
touch and concern the land in that the value of the Owner's legal interest in
the Property may be affected thereby. City and Owner hereby further declare
their understandings and intents that the benefit of such covenants,
reservations and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Property for the
benefit of the public and Owner.
11. Cancellation of Agreement
A. City may cancel this Agreement if it determines, after a duly noticed public
hearing as provided herein, that Owner has committed any of the following
acts:
(1) Owner has failed to maintain, restore or rehabilitate the Property in
accordance with the terms, standards and conditions set forth in
Exhibit "B".
(2) Owner has allowed the Property to deteriorate to the point that it no
longer meets the City's standards for a Qualified Historical Property.
(3) Owner has violated one or more provisions of this Agreement.
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An Owner who does not occupy the Property, shall, nevertheless be responsible at all times
under this Agreement, for the condition of the Property and compliance with this Agreement.
B. City shall serve written notice of proposed cancellation on Owner stating the
grounds for cancellation and setting a public hearing date on the matter.
Notice of the hearing shall also be sent by U.S. mail to the last known address
of each owner of Qualified Historical Property in the City, and shall be
published pursuant to Government Code Section 6061.
C. Upon cancellation of this Agreement as provided in Subsection A, above,
Owner shall pay a cancellation fee of 12'/2 percent of the full value of the
Property at the time of cancellation, as determined by the County Assessor
without regard to any restriction on the Property imposed by this Agreement.
The cancellation fee shall be paid to the State Controller in the manner
prescribed by the State Controller.
D. City may also cancel this Agreement, at Owner's request, if the Property is
acquired in whole or in part by eminent domain or by an entity authorized to
exercise the power of eminent domain, and if City determines that such
acquisition frustrates the purpose of this Agreement. Under these
circumstances, no cancellation fee shall be imposed upon Owner.
E. City may also cancel this Agreement, at Owner's request, if so much of the
Property has been destroyed, in whole or in part and that, in the sole opinion
of the City, the historic value of the Property has been destroyed. Under these
circumstances, no cancellation fee shall be imposed upon Owner. City may
cancel this Agreement, at Owner's request, if the Property is damaged by fire,
earthquake, or other Act of God or accidental cause to the extent that (1) the
then fair market value of the structure is reduced by 51 percent or more; or (2)
51 percent or more of the structure's floor area is destroyed or irreparably
damaged; or (3) 51 percent or more of the structure's historic features are
destroyed or irreparably damaged; or (4) the cost to the Owner (exclusive of
insurance proceeds) to restore the structure to its prior condition would
exceed $10,000.00. Owner shall reimburse City for all expenses incurred by
City in determining the extent of damage or destruction. If the Owner desires
to cancel this Agreement under this Section, written notice shall be given to
the City within 90 days after such damage or destruction occurs. In the event
the Owner desires to cancel this Agreement due to the circumstances outlined
above, owner or City may request a hearing before the City Council to
determine (a) the extent of diminution of value, (b) the extent of the damage
or destruction to the floor area of said Structure, and/or (c) extent of damage
or destruction to the character defining features of said structure.
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12. Waiver
The waiver by City of the performance of any covenant or condition of this Agreement
shall not be considered a waiver of subsequent performance of that or any other covenant
or condition of this Agreement.
13. Notice
Any notice required to be given pursuant to this Agreement shall be sent by certified
mail, postage prepaid, return receipt requested, addressed as follows or addressed as later
specified by either party:
To City: City of Tustin
Community Development Department
Attn: Director of Community Development
300 Centennial Way
Tustin, CA 92780
To Owner: Joseph Heredia
200 South B Street
Tustin, CA 92780
Notice shall be deemed sent or "served" upon the date of deposit in the United States Mail.
14. Fee to Administer Mills Act Program
At the time established by City Council resolution, Owner shall pay City a fee,
established by City Council resolution, pursuant to Government Code Section
5028.1. This fee is to cover City's costs of administering the Mills Act Program in the
City.
15. Defense, Indemnification and Hold Harmless
A. Owner shall defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all claims arising from Owner's
performance under this Agreement, or from any activity, work, or omissions
by Owner or caused by Owner in connection with this Agreement.
B. Owner shall further defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all costs, attorneys' fees, and
liabilities incurred in the defense of any such claim or any action or proceeding
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brought thereon. In case of any action or proceeding brought against City by
reason of such claim, Owner, upon notice from City, shall defend same at
Owner's sole expense by counsel satisfactory to City.
16. Entire Agreement
This Agreement and the Exhibit attached hereto constitute the entire agreement
between the parties with respect to the subject matter hereof and supersede all prior
discussions, negotiations, and agreements whether oral or written.
17. Amendment
This Agreement shall only be amended by written instrument, signed by both parties
and recorded in the Office of the Orange County Recorder.
18. Miscellaneous Provisions
A. None of the terms, provisions or conditions contained in this Agreement shall
be deemed to create a partnership, a joint venture, or a joint enterprise
between the parties hereto.
B. This Agreement shall be construed in accordance with the laws of the State
of California.
C. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by a Court of competent jurisdiction or by subsequent
preemptive legislation, the validity and enforceability of the remaining
provisions shall not be affected.
D. Owner understands that it is Owner's responsibility to apply for the
reassessment of valuation afforded by this Agreement pursuant to Chapter 3,
Part 2, of Division 1 of the California Revenue and Taxation Code.
19. Authority to Enter Agreement
Each person executing this Agreement warrants that they have the authority to enter
into this Agreement on behalf of the party for whom they sign.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
CITY OF TUSTIN
By:
Approved as to Form
David Kendig
City Attorney
Owner
Date: By:
SIGNATURES ARE TO BE NOTARIZED
IF THIS CONTRACT IS PROPOSED TO BE SIGNED BY THE
PROPERTY OWNER'S AGENT, THE CITY WILL REQUIRE
WRITTEN EVIDENCE OF THE AGENT'S AUTHORITY TO
ENTER INTO THIS AGREEMENT ON BEHALF OF THE
OWNER. THE WRITTEN EVIDENCE MUST BE REVIEWED
AND APPROVED BY THE CITY ATTORNEY.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 6 of Tract No. 793, in the City of Tustin, County of Orange, State of California, as per
map recorded in Book 4 Page 218 of Miscellaneous Maps, in the office of the County
Recorder of said County.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
EXHIBIT "B"
HISTORICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
1 . To have a baseline for comparison when future maintenance or alterations are being
evaluated and for reconstruction of portions in the event of a disaster, Owner shall
create a black and white 35 mm photographic portfolio showing all elevations of all
buildings and structures from at least three angles, all character-defining exterior
details, and historic interior details or other details of special interest. A copy of the
portfolio shall be submitted to the Community Development Department within one
year of the effective date of this Agreement. All structures, the entire grounds, and
all major landscape features shall be included in the portfolio and copies of existing
site plans, floor plans, architectural elevations and historical photographs that may
be in Owner's possession.
2. Owner shall preserve, maintain, and, where necessary, restore or rehabilitate
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 City.
3. All changes to Property and any structures thereon shall comply with applicable City
specific plans, City regulations and guidelines, and conform to the rules and
regulations of the Office of Historic Preservation of the California Department of
Parks and Recreation, the U.S. Secretary of the Interior's Standards for
Rehabilitation and the State Historical Building Code. Interior remodeling shall retain
character-defining features to the greatest extent possible.
4. City shall be notified by Owner of changes to character-defining exterior features prior
to their execution, such as major landscaping projects, exterior door replacement or
exterior alterations requiring a building permit.
5. City shall be notified prior to the repair and rehabilitation of any structure on the
Property.
6. The following are prohibited without the prior written consent of the City:
Demolition of any structure on the Property.
Exterior alterations or additions not in keeping with the standards listed above;
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
7. The following are prohibited at any time:
Dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls and windows;
Storage of scrap lumber,junk, trash, debris, discarded or unused objects such
as cars, appliances or furniture;
Stagnant water and unfilled excavations;
Any other device, decoration, structure or vegetation which is unsightly by
reason of its height, condition or inappropriate location, as determined by City.
8. Landscaping shall be maintained in a manner so as to enable the public to see the
historic features of the Property from the street and shall be watered and maintained
in accordance with recognized landscaping practices.
9. Owner shall make improvements to the property as described in the following
schedule for repair and rehabilitation, unless changes to the schedule are approved
in writing by the City and Owner.
Year 1
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to remove unpermitted enclosed porch on the front of the
house.
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to remove existing steps and construct new steps to access
the front door, in accordance with the Building Code.
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to remove and replace the steps leading to the back door in
accordance with the Building Code and patch the door sill.
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections, for the demolition of the unpermitted corrugated steel garage
and the construct a new 2-car garage.
Year 2
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections to replace the of metal framed windows with wood windows
appropriate to the historic architectural style of the house.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
• Paint and repair exterior siding. Submit plans, obtain a permit, and obtain a
Certificate of Appropriateness prior to commencing the work.
• Install landscaping in front yard and side yard. Submit plans and obtain approval
prior to commencing the work.
Year 3
• Submit plans, obtain a Certificate of Appropriateness and permits, and obtain
required inspections for repair of siding and basement cover on north side of the
house.
Year 5
• Repaint the exterior of the house, detached structure, and garage. Submit plans
and obtain approval prior to commencing the work.
10. Owner shall provide the City with a written annual report which specifies actions
taken by Owner to fulfill the requirements of the Agreement. The annual report shall
be submitted to the City on an annual basis at times specified by the City.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
ATTACHMENT B
2003 AND 2021 HISTORICAL RESOURCES SURVEY EXCERPTS,
200 SOUTH B STREET
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
F
204 B STREET (S)
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See following pages for property information
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
State of Cal€fomia--Tho Ftasoureae Agency Primary #
DEPARTMEW OF PARKS AND RECREATION HRl#
BUILDING, STRUCTURE,AND OBJECT RECORD
i
Pagel of 1 *NRNP Status Code:501
*Resource Name or 0(52);200 B Street(S)
St. Historic Name:
of Common Name:
B3, Original Use.Residential
B4, Present Use:Residential
*M Architectural Style:California Bungalow
*El& Construction History: (Conshuction date,alterations,and date of Wwa iom)
Alton and Leona Aldcmvt owners of the'Tustin Hardware Company,had this single skaried California Bungalow style building constrt ed in
1923. !
*87. Moved? X No ❑Yes ❑Uakno m Date: Original Location.
*11$. Related Features:
B9a. Architect;unknown b,Builder.unknown
*1310. Significance: Theme:Residential Architecture.
Area:Santa Ana Tustin,CA Period of Significance: 19W 1945 :Property Typo:Residential
Applicable Criteria:C
(Discuss importance in terms of hi uwkal or wchkeetoral c omwa as d&wd by drame,period,and geographic scope. Also address integrity.)
This building is significant as an example of Craftsman Bungalow style in Tustin. The home has retained much of its integrity and contributes to
the historic streewAx of South.8 Street.
Additionally,this home is significant because of its large yard,wide fat,and trees. For example,a very large Eugenia(or Australian Brush Cherry)
stands in the front yard. Theberries were traditionally used to make jelly. manias are typically found as a hedge;it is ur amW to see one as a
specimen pleat.
The building's character defining features include,but are not limited to:
* row of glass windows with rectangular hansoms at the porch
* offset porch gable is clavi in alterttatitig wide and narrow ver"boards,matching the main front facing.gable of the house
* cladding in medium width clapboards,and stucco clad elephantine porch piers,a large plate glass window with plain transom
above with double hung sidelights,and double hung windows
single clapboard clad garage matching the house is located in the back
811, Additional Resonree Attributes:(HP2"ingle Famiiy Property
*B12. References:City of Tnsdn HtVorkd Survey,dtirtieth street archipects,
inn.,June 1990;First Amorimn Title Company Records;Directories;Jordan,
(Sketch Map with north arrrow required.) !
Carol H.,The L4nrlra4rk Treea of Tustin,Tustin Area Historical Society.
SECONDSTMT i
1313. Remarks R
ttpp •�
3"
* m
814. Evaluator:TBAW,C.Jordan
*Date of evaluation;Oct 2002 a!
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DPR 5238(1195) *Required information
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
ADDRESS:
DA,TXs j
1;923 i
CAL WORNIA$M1 MW t �'
SOURCE; RATING:
T C
f
ALTERATIONS-
m
WSTORIM DISTRICT.,
z- -
D2SCRIPTIONt
The font porgy of the zjue*4tmW California Bungalow at tha oxna of B sod 2hd Street+ has ban aualased with L slow of plait
glass windows tapped with x=wgular ttaasotos. The offset patch pAlm,dad i4 altaaa wido aAd Amoy rnstictd bsaec ir,
matches as main fmnt•fadag.S"of the hoose, Tho hoasa L dad In mWWra-width dqkosak. The aminal stn=-dad
akpbtaslna pamb pions We bow imnpumW into the daftu for We pmtL A htiga plata g%a wiabw,with a pWm u atota
abova and dooblo-hung xWdWw, is l"aW to the north of the andowd porch. Dad6la-baus whWmn ace wed dm ghoot the
>a«of than honsaA ffrt-noaW addition ptajeds fittpn tba buck of the IM&We of do haasa The cads of do pfaalaroof
ancad from tit:wafiiae. A single lR"My mad g=e, whkb maw tlia boom,is loamad at dw bait,sad is
raterad off of SwovA Stmac., 'This baose has added segW04ance beaMe of 60 Urgta Pard.Vis,wlaa tat and aiddxahioaed cottnrxy
wog.
I
SICNEPICANCEz I�
Man cad Leaoa Aldattuau, dna ownars of the Tustin Hsadwam Campany, built this bungalow in 1923, and ntovod.fiats thaiz;
pmvious hut»a on Woloat Wey is Tustin. They continued to own the hoose until 1439. Alton diad fn WA Leona Afdetmma j
�cuted the bo=a out until she sold it to Robed 0. cad Ann E lmom in.932 Ha wa an employee of the atista Company. 0.
wall-ftnawo ttsaor aid egttipmattt sales a%aWzatfon. They coatinlpad to live m the Noma for savaml Yom. 'Ulan boon:it in very
good.coadi6n, is a good ea m*z of a California Hangalorv, and cnitribatt s to she histotio streebmpe of.South 8 Stt=et.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
State of California---The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI
PRIMARY RECORD Trinomial#
NRHP Status Code 5DI
Other Listings
Review Code Reviewer Date
*Resource Name or#(Assigned by recorder)200 S B Street
P1.Other Identifier:Element of City of Tustin Cultural Resources District
*P2.Location: F Not for Publication 7 Unrestricted
*a.CountyOrange and(P2c, Pte,and P2b or Ptd.Attach a Location Map as necessary.)
*b.USGS 7.5'Quad Date T ;R 114 of 114 of Sec B.M.
c.Address 200 S B Street City Tustin Zip 92780
d.UTM:(Give more than ane for large and/or linear resources)Zone mE/ mN
e.Other Locational Data: (e.g., parcel#,directions to resource,elevation,etc.,as appropriate) APN 40156201
*P3a.Description: (Describe resource and its major elements. Include design,materials,condition,alterations,size,setting and boundaries)
Evaluation: District contributor Primary Architectural Style: Craftsman
Property Type: Residential-Single-family Alterations:Windows Replaced-Some, Secondary facade,
Incompatible;Other Alterations-Garage altered/replaced, Roof material
replaced(compatible), Security door added, Porch enclosed with
glazing(possib4y within the period of significance)
*P3b.Resource Attributes:(List attributes and codes) HP2.Single family property
*P4.Resources Present: V Building F Structure F Object r Site f"'District 17 Element of District r Other:
`P5a. Photograph or Drawing(Photograph required for buildings,structures,or objects) P5b. Description of Photo:(view,date,
accession#)View west. 11/05/2020
*P6.Date Constructed/Age and
Sources: I•J Historic F Prehistoric F Both
1919(Deed via Tustin Preservation
Conservancy 2017)
9
*P7.Owner and Address:
Not Recorded
�` • __ *PB.Recorded by:(Name,affiliation,and
address)Mary Rin hoff R FKy,EmQlyn
Na'ora.Architectural Resources Group,3G0 E.
2nd Street.Suite 225 Los Anoeles,CA 90012
*P9. Date Recorded: 11/05/2020
*P10.Survey Type:(Describe)
y=�
A Intensive r Reconnaissance
*P11.Report Citation:(Cite survey report and
other sources or enter"none".)ARG. "City of
Tustin Citywide Historic Resources Survey
t Update Report"(ore2ared far the City of Tustin.
2021).
*Attachments: F None r Location Map F Sketch Map F Continuation Sheet I—Building,Structure&Object Record
r Archaeological Record W District Record F Linear Feature Record F Milling Station Record F Rock Art Record
r Artifact Record F Photographic Record F Other(List)
DPR 523A(1/95) Required Information