Agenda packet — Orange City Council, November 14, 2023 (part 4 of 6)

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairmeadow Tract
*P2. Location:
c. Address: 1805 Zip: 92865
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N SHAFFER City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: SHAFFER_N_1805__APN_374-215-20
(Assigned by Recorder)
*P9. Date Recorded:

January 2005
1964 c
Primary #
HRI #
Date:

NRHP Status Code 3D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Unrestricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Record Rock Art Record Other (List):

Materials:

ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Model LA-24
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
651
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1964 *B9. Architect or Builder: Eichler Homes
Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - Low level of alteration as of 2005. (List attributes and codes)
*Date of Evaluation: September 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 3D
Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: C
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities
Status change since 1991 Survey: Not previously surveyed.

Site Integrity:
(Continues on Pg.3.)
652
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: January 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1904
Principal Building Sqft: 2176
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):

D. Gest, P. LaValley
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: SHAFFER_N_1805__APN_374-215-20
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1
Description of Photo:
653
654
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 1843 N. Woodside Street
APN: 374-213-12
Mills Act Contract Number: 438.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and THOMAS J. SOKOLL and JAMIE C. SOKOLL, husband and wife as community property with right of survivorship (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 655
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 1843 N. Woodside Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 374-213-12 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roofline and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.

The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement.

Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne and Eichler Design Standards.

As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.

In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum 657
4 every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement, including but not limited to, the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this Agreement and may result in cancellation of the Agreement in accordance with the cancellation terms detailed below.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement ("renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.

8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
658
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the Director of Community Development shall either approve or disapprove such proposed improvements in the updated schedule, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.

From time to time, at the request of the Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Historic Preservation Planner or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.

12. DAMAGE. Should the Historic Property incur damage from any cause whatsoever, which damages fifty percent (50%) or less of the Historic Property, Owner shall replace and repair the damaged area(s) of the Historic Property. For repairs that do not require a permit, Owner shall commence the repair work within thirty (30) days of incurring the damage and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the 659
6 cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

13. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that, in executing this Agreement, he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.

14. ENFORCEMENT OF AGREEMENT. If the City determines the Owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to, an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.

Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.

15. CANCELLATION. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
660
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

17. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.

18. NO IMPLIED WAIVER. No failure by the City to insist on the strict performance of any obligation of the Owner under this Agreement or to exercise any right, power, or remedy arising out of a breach hereof shall constitute a waiver of such breach or of the City’s right to demand strict compliance with any terms of this Agreement.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

City of Orange
Attn.: City Clerk
Thomas J. and Jamie C. Sokoll
300 E. Chapman Avenue 1843 N. Woodside Street
Orange, CA 92866 Orange, CA 92865

20. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement. 661
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.

23. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint venturers or members of any joint enterprise.

24. SUCCESSORS AND ASSIGNS. The covenants, benefits, restrictions and obligations contained in this Agreement shall be deemed to run with the land and shall be binding upon and shall inure to the benefit of all successors in interest of the Owner, regardless of the tax exempt status of any subsequent owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (“Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s). In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 662
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

29. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.

30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 663
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Thomas J. Sokoll
Dated: , 2023
Jamie C. Sokoll
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
664
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
665
12 EXHIBIT “A”

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 119 of Tract No. 3978, in the City of Orange, County of Orange, State of California a per map recorded in book 140, page(s) 17 through 19, inclusive of miscellaneous maps in the office of the county recorded of said county. [APN 374-213-12]
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13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
667
14 EXHIBIT “C”

CITY OF ORANGE HISTORIC PROPERTY

MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
668
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
669
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
1843 N. Woodside Street
Priority Description of Work Cost Estimate Completion Date

1. Limited replacement of deteriorated siding as
necessary with Eichler siding. Preserve,
repair, and protect good condition siding per
the Orange Eichler Design Standards.

Insulate as needed. Protect prime, and paint
to match existing.
$51,000 2024

2. Earthquake retrofit as needed $1,000 2024

3. Reroof with covering per the Orange Eichler
Design Standards
$10,000 2026

4. Replace downspouts and leader heads to
solve drainage issues per the Orange Eichler
Design Standards.
$5,500 2026

5. Repair fascia board and overhang planks on
north elevation per the termite inspection
report dated 7/10/2023.
$3,000 2026

6. Repair damaged boards at ceiling per the
Secretary of the Interior’s Standards for the
Treatment of Historic Properties.
$6,000 2028

7. Repair and maintain window and sliding
doors per the Orange Eichler Design
Standards.
$5,800 2029
TOTAL $82,300
670
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
671
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairmeadow Tract
*P2. Location:
c. Address: 1843 Zip: 92865
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N WOODSIDE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

Marissa Moshier, Historic
Preservation Planner
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: WOODSIDE_N_1843__APN_374-213-12
(Assigned by Recorder)
*P9. Date Recorded:

June 2015
1964 c
Primary #
HRI #
Date:

NRHP Status Code 3D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials:

ST
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Historic Prehistoric Both

Model LJ-144R
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
672
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1964 *B9. Architect or Builder: Eichler Homes - A. Quincy Jones Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 3D
Driveway repaved.

Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: C
Orange Daily News. Eichler Tract Brochures and miscellaneous Eichler materials from the Orange Public Library.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities
Status change since 1991 Survey: Not previously surveyed.

Site Integrity:
(Continues on Pg.3.)
673
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.2042
Principal Building Sqft: 2050
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):

Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
*Resource Name or #: WOODSIDE_N_1843__APN_374-213-12
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1
Description of Photo:
674
675
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 775 S. Oakwood Street
APN: 094-122-10
Mills Act Contract Number: 439.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and NGUYEN PHAM and WILLIAM DONG, wife and husband as Community Property with Right of Survivorship (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 676
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 775 S. Oakwood Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 094-122-10 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum 678
4 every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
679
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the 680
6 cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

15. CANCELLATION. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
681
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
William Dong and Nguyen Pham
300 E. Chapman Avenue 775 S. Oakwood Street
Orange, CA 92866 Orange, CA 92869

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement. 682
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 683
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 684
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Nguyen Pham
Dated: , 2023
William Dong
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
685
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 11 of Tract NO. 3545 in the City of Orange, County of Orange, State of California, as per Map recorded in Book 125, Pages 1-5 of Miscellaneous Maps in the Office of the County Recorder of said County.
[APN 094-122-10]
687
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
689
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
690
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
775 S. Oakwood Street
Priority Description of Work Cost Estimate Completion Date 1 Repair existing Air Conditioning System $17,000 2023
2 Reapply roof coating (first time) $4,500 2024
3 Repair fixed glazed panels. Replace with
energy efficient dual glazed units $2,500 2024
4 Replace existing electrical service panel $10,000 2024 5 Install air conditioning at guest room and
living rooms and compressor at north side
of house per the Orange Eichler Design
Standards. $20,000 2024
6 Cap beams at the atrium. $1,000 2026
7 Replace inappropriate and non-compliant
windows at the north elevation with Eichler
appropriate windows per the Orange Eichler
Design Standards.
$6,500
2027
9 Reapply roof coating (second time) $4,500 2028
10 Replace existing glazed panels with energy
efficiency dual glazed panels, modify
existing sliders with laminated glazing (all
tempered) $45,000 2028
11 Repaint exterior with Eichler appropriate
colors per the Orange Eichler Design
Standards. $10,000 2029
12 Replace end of life boiler and end of
warranty hot water heater with combination
system $,500 2033
13 Regular maintenance of termite/wood rot
maintenance contract ($350/year) $4,200 2023-2033
TOTAL $133,700
691
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
692
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairhaven Tract
*P2. Location:
c. Address: 775 Zip: 92869
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S OAKWOOD City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

Marissa Moshier, Historic
Preservation Planner
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: OAKWOOD_S_775__APN_094-122-10
(Assigned by Recorder)
*P9. Date Recorded:

June 2015
1960 c
Primary #
HRI #
Date:

NRHP Status Code 5B
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials:

ST
City of Orange
300 E. Chapman Ave.

City of Orange, CA 92866
Historic Prehistoric Both

Model LJ-144
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
693
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1960 *B9. Architect or Builder: Eichler Homes - A. Quincy Jones Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 5B
Driveway repaved.

Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: CG
Orange Daily News. Eichler Tract Brochures and miscellaneous Eichler materials from the Orange Public Library.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities
Status change since 1991 Survey: Not previously surveyed.

Site Integrity:
(Continues on Pg.3.)
694
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1916
Principal Building Sqft: 1730
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units:

B13. Remarks (Continued from Pg.2):
1991
Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

City of Orange, CA 92866
*Resource Name or #: OAKWOOD_S_775__APN_094-122-10
(Assigned by Recorder)
Listed in National Register:
# of Buildings:

Description of Photo:
695
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1916
Principal Building Sqft: 1730
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units:

B13. Remarks (Continued from Pg.2):
1991
Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

City of Orange, CA 92866
*Resource Name or #: OAKWOOD_S_775__APN_094-122-10
(Assigned by Recorder)
Listed in National Register:
# of Buildings:

Description of Photo:
696
697
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 753 S. Oakwood Street
APN: 094-122-08
Mills Act Contract Number: 440.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and DANIEL R. GEHMAN and THERESA GEHMAN, Trustees of the Theresa & Daniel Gehman Trust, (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
698
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 753 S. Oakwood Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 094-122-08 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
699
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 700
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 701
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 702
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of 703
7 the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Theresa and Daniel Gehman
300 E. Chapman Avenue 753 S. Oakwood Street
Orange, CA 92866 Orange, CA 92869

22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any 704
8 entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, 705
9 and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 706
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Theresa Gehman
Dated: , 2023
Daniel P. Gehman
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
707
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 13 of Tract No. 3545, in the City of Orange, County of Orange, State of California, as per map recorded in Book 125, Pages 1 through 5 inclusive of Miscellaneous maps, in the Office of the County recorded of said County. [APN 094-122-08]
709
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
711
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
712
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
753 S. Oakwood Street
Priority Description of Work Cost Estimate Completion Date

1. Upgrade existing electrical service panel $4,500 2023

2. Termite repair per inspection dated
7/25/2023
$1,000 2023

3. Repair dry rot at eaves/fascia per inspection
dated 7/25/2023 and roof
$9,100 2024

4. Limited repair of metal drip edge as
necessary
$700 2024

5. Service sliding patio doors through home
(wheels/locks, etc)
$950 2025

6. UV/shatter resistant window film $8,500 2027

7. Limited replacement of deteriorated siding to
match historic Eichler siding per the Orange
Eichler Design Standards
$4,500 2028

8. Repair bulls eye of fixed glass panel $400 2028

9. Prepare/prime/paint exterior of house $8,100 2028

10. Repair post/beam connection at front facade $3,200 2029 TOTAL $40,950
713
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
714
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairhaven Tract
*P2. Location:
c. Address: 753 Zip: 92869
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S OAKWOOD City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

Marissa Moshier, Historic
Preservation Planner
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: OAKWOOD_S_753__APN_094-122-08
(Assigned by Recorder)
*P9. Date Recorded:

June 2015
1960 c
Primary #
HRI #
Date:

NRHP Status Code 3D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials:

ST
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Historic Prehistoric Both

Model LJ-124
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
715
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1960 *B9. Architect or Builder: Eichler Homes - A. Quincy Jones Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - Medium level of alteration as of 2005. (List attributes and codes)
*Date of Evaluation: September 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 3D
Front door replaced, glass panels in entryway may have been replaced, transom over entry may have been glazed, front walkway repaved.

Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Site Integrity:
(Continues on Pg.3.)
716
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1789
Principal Building Sqft: 2263
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):

Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
*Resource Name or #: OAKWOOD_S_753__APN_094-122-08
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1
Description of Photo:
717
718
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 3809 E. Larkstone Drive
APN: 094-415-14
Mills Act Contract Number: 441.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and JORDAN R. LANG and ALEXIS DAY LANG, as husband and wife, as community property with right of survivorship (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 719
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 3809 E. Larkstone Drive in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 094-415-114 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum 721
4 every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
722
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the 723
6 cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

15. CANCELLATION. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
724
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Jordan R. and Alexis Day Lang
300 E. Chapman Avenue 3809 E. Larkstone Drive
Orange, CA 92866 Orange, CA 92869

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement. 725
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 726
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 727
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Jordan R. Lang
Dated: , 2023
Alexis Day Lang
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
728
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 46 of Tract No. 3545, in the City of Orange, County of Orange, State of California, as per Map recorded in Book 125, Pages 1 to 5, inclusive of Miscellaneous Maps in the Office of the County recorder of said County. [APN 094-451-14]
730
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
732
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
733
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
3809 E. Larkstone Drive
Priority Description of Work Cost Estimate Completion Date

1. Termite repair per inspection dated
10/25/2023
$5,000 2024

2. Restore primary entry door, side lights and
transom (Mistlite glazing) and hardware to
match original Eichler specifications
$10,700 2024

3. Replace existing electrical service panel $6,000 2025

4. Fix ungrounded electrical wiring $4,500 2025

5. Service sliding patio doors throughout home $950 2025

6. UV/Shatter resistant film $8,500 2026

7. Install tankless water heater including
plumbing
$7,800 2026

8. Recoat foam roof (first application) $5,100 2028

9. Install gutter system and water management $5,750.00 2028

10. Additional roof repairs for pooling, fix slope $6,500 2028

11. Repair/replace existing skylights per Orange
Eichler Design Standards
$9,200 2028

12. Limited replaced of deteriorated siding to
matching original Eichler Homes
specifications
$7,500 2030

13. Prepare/prime/paint exterior of house $10,000 2030

14. Install plumbing cleanouts $4,200 2032

15. Replace existing AC and install efficient
VRF AC unit
$10,250 2032

16. Replace existing forced air handler and
install efficient forced air/furnace
$8,500 2032

17. Recoat foam roof (second application) $5,100 2033

18. Replace garage doors with new garage doors
clad to match the house’s siding per the
Orange Eichler Design Standards.
$8,250 2033
TOTAL $123,750
734
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
735
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairhaven Tract
*P2. Location:
c. Address: 3809 Zip: 92869
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - E LARKSTONE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

Marissa Moshier, Historic
Preservation Planner
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: LARKSTONE_E_3809__APN_094-451-14
(Assigned by Recorder)
*P9. Date Recorded:

June 2015
1960 c
Primary #
HRI #
Date:

NRHP Status Code 3D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials:

DR
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Historic Prehistoric Both

Model LA-91R
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
736
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1960 *B9. Architect or Builder: Eichler Homes - Anshen & Allen Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 3D
Front door replaced and surround infilled; garage doors replaced; windows replaced.

Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Site Integrity:
(Continues on Pg.3.)
737
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.2022
Principal Building Sqft: 2585
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):

Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
*Resource Name or #: LARKSTONE_E_3809__APN_094-451-14
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1
Description of Photo:
738
739
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 616 W. Chapman Avenue
APN: 390-673-27
Mills Act Contract Number: 442.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and AHMED JOSEPH MAHMOUD, a single man (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
740
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 616 W. Chapman Avenue in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-673-27 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
741
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 742
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 743
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 744
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of 745
7 the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Ahmed Joseph Mahmoud
300 E. Chapman Avenue 616 W. Chapman Avenue
Orange, CA 92866 Orange, CA 92863

22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any 746
8 entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, 747
9 and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 748
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Ahmed Joseph Mahmoud
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
749
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 2 in Block B of Kordes Tract, in the City of Orange, County of Orange, County of Orange, State of California, as per Map recorded in Book 18 Page 2 of Miscellaneous Records in the Office of the County Recorder of said County.

Except therefrom the North 5 feet as granted to the City of Orange, deed recorded July 5, 1988 as Instrument No. 88-321764, Official Records [APN 390-673-27]
751
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
753
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
754
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
616 W. Chapman Avenue
Priority Description of Work Cost Estimate Completion Date

1. Termite mitigation for whole building per
termite report dated 6/20/2023
$9,505 2023

2. Repair and upgrade plumbing $21,100 2023

3. Foundation repairs per recommendation by
structural engineer experienced in historic
preservation.
$23,450 2024

4. Electrical upgrades and installation of new
electric panel
$17,518 2025

5. Tear off existing roof and reroof with
compatible roofing materials per the Orange
Eichler Design Standards
$19,980 2025

6. Seismic retrofit $27,230 2026

7. Mechanical upgrades $10,500 2027

8. Restore and repair historic windows per the
Historic Preservation Design Standards and
the Secretary of the Interior’s Standards for
the Treatment of Historic Properties
$9,500 2028

9. Restore historic concrete front porch to
original integrity and appearance.
$7,500 2029

10. Replace vinyl window at bathroom with
historically appropriate wood window per
the Orange Eichler Design Standards.
$700 2030

11. Limited repair of deteriorated siding. $5,000 2031

12. Repaint house $8,000 2032
TOTAL $159,983
755
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
756
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 616 Zip: 92868
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - W CHAPMAN City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: CHAPMAN_W_616__APN_390-673-27
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1915 c
Primary # 30-159853
HRI # 039219
Date:

NRHP Status Code 5D1
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Wood siding
AVE
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story house with wide lap siding and single, side-facing gable roof. A small shed dormer rises out of the front portion of the roof. Entry is via a recessed porch which occupies one-half of the front facade. This porch is supported by wood posts. Mullioned French doors are also present off the porch. ,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 757
Style previously noted in 1991 Survey as: Craftsman.

B1. Historic Name: Charles and Katherine Heins House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Craftsman Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1915 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Early Settlement (c. 1870 - 1920) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Good Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 5D1
The house was owned as of 1924, if not earlier, by Charles and Katherine Heins. Mr. Heins was in the confectionery business.

Primary # 30-159853
HRI # 039219
c
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
758
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159853
HRI # 039219
Trinomial ORA
Recorded by:

Date Recorded: May, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre:

Principal Building Sqft: 1594
Planning Zone: OTMU-15S # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: OTMIX-15S
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: CHAPMAN_W_616__APN_390-673-27
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1

759
760
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 505 E. Glendale Avenue
APN: 374-211-08
Mills Act Contract Number: 443.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and LAURITA GUAICO, as Trustee of the Guaico Revocable Trust (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
761
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 505 E. Glendale Avenue in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 374-211-08 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
762
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 763
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 764
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 765
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

15. CANCELLATION. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
766
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Laurita Guaico
300 E. Chapman Avenue 505 E. Glendale Avenue
Orange, CA 92866 Orange, CA 92865

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement. 767
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 768
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 769
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Laurita Guaico
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
770
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 16 of Tract No. 3978 in the City of Orange, County of Orange, California as per map recorded in Book 140, Page(s) 17, 18, and 19 of Miscellaneous Maps in the Office of the County Recorder of said County.
[APN 374-211-08]
772
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
774
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
775
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
505 E. Glendale Avenue
Priority Description of Work Cost Estimate Completion Date

1. Electrical panel upgrade $10,000 2024

2. Reroof per the Orange Eichler Design
Standards
$20,000 2024

3. Retrofit, repair, replace mini split system as
needed
$2,000 2024

4. Repair fascia board as necessary around the
entire building per the Orange Eichler
Design Standards.
$1,500 2024

5. Repair original windows on the west
elevation. Remove paint and restore original
anodized steel windows.
$1,000 2026

6. Repair damaged beam in atrium $1,000 2026

7. Repaint whole house with original Eichler
color palette
$10,000 2030

8. Upgrade plumbing $5,000 2027

9. UV/safety film on glass per the Orange
Eichler Design Standards
$3,000 2027

10. Repair original garage door to their original
function per the Orange Eichler Design
Standards.
$2,000 2028

11. Repair and restore sliding doors and door on
west elevation.
$1,000 2030

12. Replace non-original entry door with an
Eichler appropriate door and hardware per
the Orange Eichler Design Standards
$1,500 2033

13. Upgrade and repair the original radiant floor
heating
$5,000 2033
TOTAL $63,000
776
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
777
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairmeadow Tract
*P2. Location:
c. Address: 505 Zip: 92865
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - E GLENDALE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

Marissa Moshier, Historic
Preservation Planner
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: GLENDALE_E_505__APN_374-211-08
(Assigned by Recorder)
*P9. Date Recorded:

June 2015
1964 c
Primary #
HRI #
Date:

NRHP Status Code 3D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials:

AVE
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Historic Prehistoric Both

Glendale 2
,#
2014
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
778
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1964 *B9. Architect or Builder: Eichler Homes
Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 3D
Driveway repaved.

Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Site Integrity:
(Continues on Pg.3.)
779
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.2101
Principal Building Sqft: 2376
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
2005
Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
*Resource Name or #: GLENDALE_E_505__APN_374-211-08
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1
Description of Photo:
780
781
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 133 N. Cambridge Street
APN: 386-061-08
Mills Act Contract Number: 444.0-23

PATTERSON, Trustees of the Martin and Lisa Patterson Revocable Family Trust (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 782
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 133 N. Cambridge Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 386-061-08 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum 784
4 every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
785
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the 786
6 cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

15. CANCELLATION. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
787
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Martin and Lisa Patterson
300 E. Chapman Avenue 133 N. Cambridge Street
Orange, CA 92866 Orange, CA 92866

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement. 788
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 789
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 790
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Martin Patterson
Dated: , 2023
Lisa L. Patterson
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
791
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 4 of Tract 219 in the City of Orange, County of Orange, State of California, as per map recorded in Book 13, Page 3 of Miscellaneous maps, in the Office of the County Recorder of said Orange County.
[APN 386-061-08]
793
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
795
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
796
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
133 N. Cambridge Street
Priority Description of Work Cost Estimate Completion Date

1. Termite repairs and maintenance per report
dated 8/8/2023
$3,885 2024

2. Repair and preserve historic hardwood floors $8,000 2025

3. Reroof and insulate home per the Historic
Preservation Design Standards and update
electrical.
$25,000 2026

4. Plumbing repairs $5,000 2027

5. Repair cracked interior plaster $5,000 2027

6. Restore roofline on garage to the original and
reroof. Remove inappropriate fascia board.
$8,000 2028

7. Repair and repaint historic doors and
windows
$8,000 2029

8. Upgrade mini split system. $10,000 2030

9. Insulate subfloor $10,000 2031
TOTAL $82,885
797
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
798
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 133 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N CAMBRIDGE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: CAMBRIDGE_N_133__APN_386-061-08
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1923
Primary # 30-159267
HRI # 038633
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Stucco or plaster
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story, modified box plan house with stucco siding and flat roof. The central portion of the front facade is distinguished by a projecting entry porch overhang with large arched openings and a tile hood. A large, arched picture window adorns the remaining portion of the front facade. A porte cochere is to the side and is supported by round columns.
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 799
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mediterranean Revival
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1923 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Fair Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
Primary # 30-159267
HRI # 038633
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
800
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159267
HRI # 038633
Trinomial ORA
Recorded by:

Date Recorded: April, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1428
Principal Building Sqft: 1224
Planning Zone: R-1-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 2
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: CAMBRIDGE_N_133__APN_386-061-08
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings:

801
802
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 208 E. Chapman Avenue
APN: 390-382-02
Mills Act Contract Number: 445.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and ALBERT J. RICCI and MARY K. RICCI, Trustees o0f the Ricci Family Revocable Trust (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
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2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 208 E. Chapman Avenue in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-382-02 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
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3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 805
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 806
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 807
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of 808
7 the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Albert J. and Mary K. Ricci
300 E. Chapman Avenue 606 E. Chapman Avenue
Orange, CA 92866 Orange, CA 92866

22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any 809
8 entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, 810
9 and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 811
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Albert J. Ricci
Dated: , 2023
Mary K. Ricci
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
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11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 12 in Block “E” of the Town of Orange, County of Orange, State of California, as shown on a map thereof recorded in Book 2, Pages 630 and 631, Miscellaneous records of Orange County, California, except the West 40.4 feet of said Lot.
[APN 390-382-02]
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13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
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15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
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EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
208 E. Chapman Avenue
Priority Description of Work Cost Estimate Completion Date

1. Install new plumbing $30,000 2023

2. Install new electrical service system $50,000 2023

3. Engage with a qualified Historic
Preservation consultant to assess the
condition of historic signage at front façade
of the building. Provide the Historic
Preservation Planner with the preservation
and maintenance plan for the stabilization
and preservation of the historic signage in
accordance with the Secretary of the
Interior’s Standards for the Treatment of
Historic Properties prior to commencing any
work on the signs.
$10,000 2024

4. Stabilize, preserve, and rehabilitate historic
signage per the preservation and
maintenance plan after review and approval
by the Historic Preservation Planner.
$10,000 2024

5. Rehabilitate, preserve, and maintain historic
cattle ramp and original barn door at the rear
of the building.
$25,000 2024

6. Repair and restore rear (south) façade. Add
historically appropriate wood framed
transom and door at the rear. Repair and
maintain historic cinder block rear wall
$20,000 2024

7. Repair and restore original skylight. $20,000 2024

8. New HVAC and upgrades as necessary $40,000 2024

9. Reroof and add insulation $20,000 2024
TOTAL $225,000
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16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
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State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

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Orange City CouncilNovember 14, 2023

Orange City Council
November 14, 2023