HomeMy WebLinkAbout08 HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - 320 W. MAIN STREETDocusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
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AGENDA REPOR
MEETING DATE: OCTOBER 15, 2024
TO: ALDO E. SCHINDLER, CITY MANAGER
Agenda Item 8
Reviewed: Initial
City Manager a`L�
Finance Director N/A
FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT)
320 W. MAIN STREET
SUMMARY:
The Mills Act is a State program that provides property tax relief to owners of qualified
historic properties who agree to comply with preservation restrictions and maintain and
preserve the property for a minimum of ten years. If approved by the City Council, the
execution of the attached Mills Act contract (Historic Property Preservation Agreement) for
the preservation and rehabilitation of a qualified historic property located at 320 W. Main
Street would provide the property owner with some tax relief.
RECOMMENDATION:
That the City Council adopt Resolution No. 24-75 (Attachment 1) authorizing the execution
of the Historic Property Preservation Agreement (Exhibit A of Attachment 1) for the property
located at 320 W. Main Street in the State's Mills Act Program.
FISCAL IMPACT:
The execution of the Historic Property Preservation Agreement would reduce the property
owner's property tax payment by approximately $9,058.00 annually and proportionately
reduce the City's share of the property tax revenue for the property. Property tax revenue
loss to the City would be minimal.
CORRELATION TO THE STRATEGIC PLAN:
The Historic Property Preservation Agreement is aligned with Goal A of the City of Tustin's
Strategic Plan pertaining to the vibrancy and quality of life in all neighborhoods and areas
of the community. Approval of the Mills Act for 320 W. Main Street will ensure the
preservation of a historic resource and retain the City's quality in life in Tustin while
contributing to maintain the City's historic heritage.
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City Council Report
Mills Act Program — 320 W. Main Street
October 15, 2024
Page 2
BACKGROUND AND DISCUSSION:
Adopted by the California Legislature in 1976, the Mills Act gives local government agencies
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 (also referred to as "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 City's 1990 Tustin Historical
Resources Survey. Residential properties with equivalent ratings in the 2021 Historical
Resources Surveys are also eligible to participate.
Property Description
The Spanish Colonial Revival style residence at 320 W. Main Street was built in 1928 and
was listed with a "513" and "3CS" ratings in the City's 2021 Historic Resources Survey
which are ratings assigned to a structure of local significance and appears eligible for
California Register of Historical Resources through survey elevation. The property is
located within the Cultural Resources District and is a contributor to the district. The period
of significance for this property is from 1914 to 1945. The property is an excellent example
of an intact 1920s residence in this part of Tustin and retains sufficient integrity to convey
its association with historic patterns of residential development.
The property not only reflects the architectural history of Tustin but is also associated with
the significant contributions of Tustin families that include the Ferrey, Pankey, and
Prescott families. Mr. William Ferrey originally built the house in 1928, He was a
successful investor and citrus ranch grower, and Mr. Ferrey's wife, Frances, was a
prominent socialite in Tustin. Both resided at this property until they both passed away
within months of each other in 1950.
In addition to the Ferrey Family, the Pankey Family was also associated with the subject
property. Mr. Ed Pankey was a third generation Tustin area farmer whose ancestors
arrived to Tustin in 1869. Mr. and Mrs. Pankey had four children that attended Tustin
schools, which led to the couple's active volunteerism with the Tustin Parent Teacher
Association. They also volunteered with local organizations such as the Tustin
Presbyterian Church, Red Hill Fire Department, Orange County Farm Bureau and the
Orange County Community Chest.
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City Council Report
Mills Act Program — 320 W. Main Street
October 15, 2024
Page 3
Recently, the Prescott family purchased the property from the Pankey family. Similarly,
the Prescott Family also played a significant role in Tustin's history. Mr. John Prescott
was born in Tustin in 1924. He graduated from Tustin High School in 1942 and earned
an Agricultural Degree from California Polytechnic University in Pomona, California. In
1950, he married Mary Lieb and had four sons. Mr. Prescott was a successful
businessman, who managed multiple properties and businesses in Tustin. Mr. and Mrs.
Prescott were also active in the community and assisted with the start of Saint Cecilia's
Church and participated in various local organizations. William Prescott, John's grandson,
currently owns the house at 320 S. Main Street.
The City's 2021 Historic Survey for the property (Attachment 2) contains a description of the
character defining features of this home, including but not limited to the following:
• Single, partially glazed wood paneled door
• Smooth stucco cladding
• Wood balcony with metal railings
• Entry porch with supporting columns
• Hipped, clay tile roof
Figure 1 — 320 W. Main Street
Mills Act Contract
The Historic Property Preservation Agreement is contained in Exhibit A of Resolution 24-75
and was prepared by the City Attorney and the Community Development Department. The
draft Agreement contains all of the contract provisions required by State law. As
requirements of State law, these provisions may not be modified; however, optional
provisions are included in the agreement at the discretion of the City Council.
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City Council Report
Mills Act Program — 320 W. Main Street
October 15, 2024
Page 4
As noted in the Historic Property Preservation Agreement, the required minimum term is 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 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 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. 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 Mills Act contract
includes provisions 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, the County Assessor, the Department
of Parks and Recreation, and the State Board of Equalization. Furthermore, to ensure
compliance with the terms and provisions, the Mills Act contract includes a provision that
requires the owner to furnish any pertinent information needed by the City.
The draft Historic Property Preservation Agreement also includes optional provisions, which
are contained in Exhibit B of the Historic Property Preservation Agreement. The provisions
are intended to be modified on a case -by -case basis to specifically identify pertinent items.
As an example, Exhibit B 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. In
cases where a property is in excellent condition, restoration and/or rehabilitation may not be
applicable. Exhibit B also includes optional provisions for a photographic portfolio, specific
landscape and property maintenance, a schedule for repair and rehabilitation, maintenance
of property visibility, submission of an annual report, and a prohibition of structure demolition.
Property Maintenance Schedule
Continuous maintenance on the exterior of the structure will be conducted on an as needed
basis to limit deterioration of key historical components. The items included in the Schedule
for Repair and Rehabilitation (listed below) were identified by City staff, in consultation with
the owner, as being necessary over the minimum 10-year contract term. By entering into a
Mills Act contract with the City, the owner would agree to the following schedule as outlined
in the Contract:
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City Council Report
Mills Act Program — 320 W. Main Street
October 15, 2024
Page 5
Year 1:
• Upgrade the electrical panel and wiring in the house and garage.
• Upgrade the mechanical and plumbing systems.
• The addition of new wood frame windows.
Year 2:
• New paint for the exterior facade main house and garage.
Years 1 through 10:
• On -going repair and maintenance of the original and new windows.
• On -going repair and maintenance of exterior facade of house and garage,
including but not limited to wood and paint.
• On -going maintenance of the roofing and eaves.
• On -going maintenance and enhancements of landscaping within the front yard.
According to the terms of the Mills Act contract, the improvements may be completed to the
satisfaction of the City no later than one year following the year indicated.
Contract Recordation
The Mills Act contract 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,
following contract approval and execution by all parties.
Mills Act assessments are made on an annual basis by the County Assessor's Office.
Therefore, 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.
CONCLUSION:
That the City Council approve Resolution No. 24-75 authorizing the execution of a Mills Act
contract (Historic Property Preservation Agreement) between the City of Tustin and the
property owner for the preservation and rehabilitation of a qualified historic property located
at 320 W. Main Street.
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City Council Report
Mills Act Program — 320 W. Main Street
October 15, 2024
Page 6
Signed by:
"MA,
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Mary A. Salman
Assistant Planner
Attachments:
1. Resolution No. 24-75
Signed by:
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ED45DA2623B54A5...
Justina L. Willkom
Community Development Director
• Exhibit A; Historic Property Preservation Agreement
2. 2021 Historical Resources Survey DPR Form
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RESOLUTION NO. 24-75
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 320 W. MAIN 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, in 2021 the City updated its 2003 City of Tustin Historical Resources
Survey which was initially created in 1990;
WHEREAS, the owner of the property located at 320 W. Main Street has submitted
an application to enter into a historic property preservation agreement with the City of Tustin;
Resolution 24-75
Page 1 of 3
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WHEREAS, the residential property at 320 W. Main Street qualifies for a historic
property preservation agreement because it has "513" and "3CS" ratings 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 320 W. Main Street Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 15t" day of October, 2024.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
Exhibit A: Historic Property Preservation Agreement
Resolution 24-75
Page 2 of 3
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APPROVED AS TO FORM:
D'CuSigned by:
38g47_F_D22t4.�r
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 24-75
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 24-75 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 15t" day of October,
2024 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 24-75
Page 3 of 3
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WHEN RECORDED MAIL TO:
Community Development Director
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 day of , 2024, by and between the
City of Tustin ("City"), a municipal corporation, and WA Prescott Living Trust ("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 401-372-10, commonly known as 320 W. Main Street, 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" or
equivalent rating in the 2021 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
Number401-372-10, commonly known as 320 W. Main 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
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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 April 15, 2025. 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
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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. Bindinq 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'/z 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
Attention: Director of Community Development
300 Centennial Way
Tustin, CA 92780
To Owner: WA Prescott Living Trust
William A. Prescott and Jennifer R. Prescott
320 W. Main 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
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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
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liabilities incurred in the defense of any such claim or any action or proceeding
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 Exhibits 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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[Signatures on Following Page]
M.
Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
Approved as to Form
David Kendig
City Attorney
Date:
Date:
1100-00013
45526_1
CITY OF TUSTIN
Bv:
Justina L. Willkom
Community Development Director
By:
William A. Prescott, Property Owner
By:
Jennifer R. Prescott, Property Owner
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: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
*A, :I I -3I iN_l%
LEGAL DESCRIPTION
Lot U of Block 1 of Tract No. 755.05, in the City of Tustin, County of Orange, State of
California, as per map recorded in Book 2, Pages 618 AND 619 of Miscellaneous Maps,
in the office of the County Recorder of said County.
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Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
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 digital photographs or 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:
1100-00013
45526_1
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: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
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
• Upgrade the electrical panel and wiring in the house and garage.
• Upgrade the mechanical and plumbing systems.
• The addition of new wood frame windows.
Year 2:
• New paint for the exterior facade main house and garage
Years 1 through 10:
• On -going repair and maintenance of the original and new windows.
• On -going repair and maintenance of exterior facade of house and garage,
including but not limited to wood and paint.
• On -going maintenance of the roofing and eaves.
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Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
• On -going maintenance and enhancements of landscaping within the front yard.
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.
1100-00013
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13
Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
State of California --- The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI
PRIMARY RECORD Trinomial #
NRHP Status Code 5B.
Other Listings
Review Code Reviewer Date
*Resource Name or # (Assigned by recorder) 320 W Main Street
P1. Other Identifier: Pankey House; Element of City of Tustin Cultural Resources District
*P2. Location: r Not for Publication rJ Unrestricted
*a.CountyOrange and (P2c, P2e, and P2h or P2d. Attach a Location Map as necessary.)
*b. USGS 75Quad Date T ;R 114 of 114 of Sec B.M.
c. Address 320 W Main Street City Tustin Zip 92780
d. UTM: (Give more than one for large and/or linear resources) Zone mE1 mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN 40137210
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting and boundaries)
Evaluation: Individually significant; District contributor
Property Type: Residential - Single-family
Primary Architectural Style: Spanish Colonial Revival
Secondary Architectural Style: Monterey Revival
Number of Stories: 2
Plan/Primary Facade: irregular; Asymmetrical
Construction/Foundation: Wood -frame; Concrete
Cladding: Smooth stucco
Details: Applied decoration, Balcony, Exterior stair, Jetty - corbeled
Roof Type/Material: Hipped, Clay tile
Roof Features: Clay tile coping, Eaves - open, Exposed purlins,
Exposed rafter tails
Chimney 1: Stucco - interior; Chimney pots
Porch/Stoop 1: Stoop; Concrete, Brick; Steps
'1133b. Resource Attributes: (List attributes and codes)
Doorway 1: Recessed; Decorative surround, Light fixtures
Door 1: Single; Wood; Paneled, Partially glazed
Porch/Stoop 2: Balcony; Wood, Metal; Entry railings, Entry roof, Posts
Doorway 2: Flush
Door 2: Single; Wood; Divided lights, Fully glazed, Woad screen, Two
of this type
Porch/Stoop 3: Balcony; Wood, Metal; Entry railings, Posts, Steps
Door 3: Type unknown; Material unknown
Window 1: Paired; Fixed; Wood; Multi -light - all; Decorative surround -
all
Window 2: Single, Paired; Casement; Wood; Multi -light - all
Window 3: Bay - canted; Fixed, Casement; Wood; Bay roof, Multi -light
- all
Setting: Set back, Corner
Hardscape: Walkway -Concrete; Driveway -Concrete
Landscape: Lawn, Mature vegetation
HP2. Single family property
of District r Other:
5b. Description of Photo: (view, date,
,cession #) View south. 10 2112020
F Archaeological Record r District Record i Linear Feature Record
f-Artifact Record r Photographic Record f Other (List)
6. Date Constructed/Age and
ources: fJ Historic I— Prehistoric I— Both
)28 (Assessor via First American Title, DPR
17. Owner and Address:
of Recorded
58. Recorded by: (Name, affiliation, and
9dress) Ma Rin hoffosa Lis Eme n
6jera. Architectural Resources Group. 360 E.
7d Street, Suite 225 Los Angeles, CA 90012
39. Date Recorded: 10/21/2020
10. Survey Type: (Describe)
Intensive r Reconnaissance
311. Report Citation: (Cite survey report and
:her sources or enter "none".) ARG. "City of
istin Citywide Historic Resources Survey
odate Report" {prepared for the Citv of Tustin.
Sheet W Building, Structure & Object Record
r Milling Station Record f Rock Art Record
DPR 523A (1/95) * Required Information
Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
State of California --- The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRl
BUILDING, STRUCTURE AND OBJECT RECORD
`NRHP Status Coded 3CS
B1. Historic Name:
B2. Common Name: Pankey House
B3. Original Use: Residential B4. Present Use: Residential
*135. Architectural Style Spanish Colonial Revival, Monterey Revival
*136. Construction History: (Construction date, alteration, and date of alterations) Other Alterations -No maior alterations. Railings
altered/replaced, Wall or fence added - side. Rear exterior stair and balcony added or altered
*137. Moved? V No r Yes r Unknown Date: Original Location:
*138. Related Features: Garage - detached, Gate
139a. Architect: Unknown b. Builder: Will Ferrey and Guy Bolard c. Owner: Will Ferrey
*810. Significance: Theme Residential Development, 1914-1945, Architecture - Period Revival Area Tustin
Period of Significance: 1928 Property Type: Residential Applicable Criteria: A1111, C/313
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)
Context: Tustin Becomes a City, 1914-1945
Theme: Residential Development, 1914-1945
Property Type: Residential
The property appears eligible for listing as a City of Tustin Cultural Resource and in the California Register of Historical Resources as an
embodiment of significant patterns of residential development in Tustin during its transitional development period from 1914 to 1945. Constructed in
1928, it is an excellent example of an intact 1920s residence in this part of the city and retains sufficient integrity to convey its association with
historic patterns of residential development.
Context: Architecture and Design, 1870-1976
Theme: Period Revival
Sub -Theme: Spanish Colonial Revival
Property Type: Residential
The property appears eligible for listing as a City of Tustin Cultural Resource and in the California Register of Historical Resources as an excellent
example of Spanish Colonial Revival residential architecture with Monterey Revival elements in Tustin. Completed in 1928, it retains sufficient
integrity to express its historic architectural character through the following character -defining features:
• Complex massing and asymmetrical fagades
• Prominent Monterey Revival-esque front balcony
• Low-pitched hipped roof with clay tile roofing
• Stucco wall cladding
• Single and paired multi -paned windows (predominantly casement)
• Use of secondary materials, including wood and cast stone
B11. Additional Resource Attributes: (List attributes and codes)
*1312. References: (See Continuation Sheet 3)
313. Remarks:
*B14. Evaluator: Mary Ringhoff, Rosa Lisa Fry, Architectural Resources Group,
50 E. 2nd Street, Suite 225 Los Angeles, CA 90012
*Date of Evaluation: 10/21/2020
(This space reserved for official comments.)
(Sketch Map with north arrow required.)
W Main Street
Wk
d
UN
A
N
DP 523B (1/95) * Required Information
Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6
tate of California --- The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI
:ONTINUATION SHEET
lesource Name or # (Assigned by recorder) 320 W Main Street
Recorded By: ARG Date: 10/21/2020 W Continuation r Update
'B12. References (continued from page 2):
Architectural Resources Group, Inc. City of Tustin Citywide Historic Resources Survey Update Report. Prepared for the City of Tustin, 2021.
First American Title Co. Property Information. Accessed February 2021, https:I/www.myfirsiam.comlSecurity/Login?
Return Url=% 2FPolygon % 2FMapSearch.
Los Angeles Times, various dates.
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2015.
Orange County Department of Public Works. OC Survey: Historical Aerial imagery. Accessed February 2021, https://ocs.ocpublicworks.com/service-
areas/oc-survey/products/h istorical-aerial-imagery.
TBA West, Inc. and Carol Jordan. 'Tustin Historical Resources Survey" Part 1 (DPR Forms) and Park 2 (Survey Report). Prepared for City of Tustin,
2003.
Thirtieth Street Architects, Inc. "City of Tustin Historical Resources Survey Report" and DPR Forms. Prepared for City of Tustin, 1990.
Tustin News, various dates.
Tustin Preservation Conservancy. "List of Homes Turning 100 Years Old (Final Revision, 2017)." Unpublished list reporting deed research. On file at
City of Tustin Community Development Department.
DPR 523L (1/95) * Required Information