Agenda packet — Orange City Council, November 26, 2024 (part 3 of 4)

(Sketch Map with north arrow required
*Resource Name or #: (Assigned by Recorder) PALMDALE_E_747__APN_374-224-10 Historic Prehistoric Both
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Landscaping: Moderately landscaped with mature trees, lawn, and small shrubs.

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by: Date Recorded: January 2005
P3a. Description (Cont.):
medium-pitched, front-facing gable roof with a deep eave overhang over cantilevered, square-edge wood beams.

A projecting concrete block planter box extends across threequarters of the gable end. The remaining width is filled with the flush, at-grade entrance and surround consisting of floor-toceiling sidelights and a trapezoidal transom. Above the planter box, the gable end is glazed with large, frosted glass, vertical, wood frame windows. Roof cut-outs that light the atrium are visible behind the glass. The building, including the garage doors, is clad with narrow-gauge, vertical wood siding. The concrete driveway is scored to mirror the width of the garage bays.

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

Page 3 of 3 ends

B6. Construction History (Cont.):

Lot Acre: 0.2142
Building Sqft:

Planning Zone: R-1-8 # Stories: 1
Previously Surveyed: --
Unit Addr:
# of Units:

B13. Remarks (Cont.):

Related Features:

R. Chattel
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: (Assigned by Recorder) PALMDALE_E_747__APN_374-224-10 Description of Photo:
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1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 589 South Woodland Street, Orange, CA 92869 APN: 094-451-05
Mills Act Contract Number: 451.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and JUHYE LEE, a single woman and SOHYUN LEE, a single woman, as joint tenants (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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,
530
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 589 South Woodland Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 094-451- 05 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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:

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.

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, roof line 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.

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.

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 Contract term to determine Owner's compliance with the terms 532
4 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 contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.

6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "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.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period 533
5 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 City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, 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 City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation 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. 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.

13. 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.
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6 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.

14. 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.

15. 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.

16. 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.

17. 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 Manager
Juhye Leed and Sohyun Lee
300 E. Chapman Avenue 589 South Woodland Street
Orange, CA 92866 Orange, CA 92869

18. 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 535
7 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.

19. 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.

20. 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 17, 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.

21. 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.

22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “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 536
8 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.

24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.

25. 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.

26. 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 537
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Juhye Lee
______________________________
Sohyun Lee
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
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10 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.
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11 EXHIBIT “A”

LEGAL DESCRIPTION OF HISTORIC PROPERTY

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

LOT TT OF TRACT NO. 3545, IN THE CITY OF ORANGE, COUNTY OF

ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF
RECORDED IN BOOK 125, PAGES 1 TO 5 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
[APN 094-451-05]
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12 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.
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13 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.
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EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
589 S. Woodland Street
Priority Description of Work Cost Estimate Completion Date 1 Install condensate line for
water heater $250 2025
2 Install filler plates a
disconnection box $50 2025
3 Service sliding patio doors $950 2025
4 Repair/replace existing selfclosing hinges $250 2025 5 Repair floor outlet at living
room
$250 2025
6 Install grounding for main
electrical service panel $500 2025
7 Inspect chimney and repaint $1,500 2025
8 Repair boiler vent floor $475 2026
9 Inspect and repair wiring at
primary bath $800 2026
10 Inspect and repair/replace heat
pump thermostat $500 2026
11 Repair non-functioning GFCI
outlets $2,500 2026
12 Repair crack to waste line $1,200 2026
13 Reconstruction of missing
fascia and downspouts per
Eichler specifications
$7,500 2027
14 Replace deteriorated interior
floors $25,800 2027
15 Limited replacement of
cracked full-height glazed
panels
$2,600 2027
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16 Install UV/Shatter resistant
window film $10,500 2027
17 Prepare/prime/paint exterior $11,000 2029
18 Install new foam or TPO roof
in compliance with OEDS $62,000 2030
19 Replace existing non-historic
garage door with tile-up style
matching original Eichler
specification
$6,700 2032
20 Recoat roof at 5th year $6,500 2034
TOTAL REHABILITATION $141,825
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15 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

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:
*P2. Location:
c. Address: 589 Zip: 92869
(Give more than one fr large and/or linear resourc
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S WOODLAND 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:

Orange County Assesor Records. (2005).

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc. (1982). Orange Historic Survey.

Orange Daily News
DPR 523A (1/95) *Required Information
*Resource Name or #: (Assigned by Recorder) WOODLAND_S_589__APN_094-451-05 *P9. Date Recorded:

January 2005
1960 c
Primary #
HRI #
Date:

NRHP Status Code 5B
Trinomial
Other Listings:

Review Code: Reviewer:

Orange County Historic Property Data File (HPD#)
*a. County: Orange
P5b. Description of Photo: 2005
Unristricted
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 Recor Rock Art Record Other (List):

Materials:

ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Model LJ-124, variant 1: This model is one-story, post-and-beam construction with a ¾-width low-pitched, front-facing gable roof that forms a deep eave overhang over cantilevered, square-end, wood beams with trapezoidal transom windows tucked under the eaves of the one-bay garage. The remaining width of the buil *b. USGS 7.5' Quad:
546
Status change since previous survey: Not previously surveyed.

Fairhaven Tract
B1. Historic Name: Unknown
B3. Original Use: B4. Present Use: RES
*B5. Architectural Style: California mid-century modern B2. Common Name:
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1960 *B9. Architect or Builder: A. Quincy Jones
Period of Significance: Eichler tract (c. 1959 - 1965)
*B10. Significance: Property Type: Building
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Site Integrity:

Structural Integrity: Excellent
(List attributes and codes)
*Date of Evaluation: January 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: D. Gest, P. LaValley
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) *Required Information
*B12. References:

Orange County Assesor Records.

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc.(1982). Orange Historic Survey.

Orange Daily News.
*NRHP Status Code: 5B
(Sketch Map with North arrow required.)
Opportunities:

Level of Alteration: Low.

Primary #
HRI #
Applicable Criteria:
c
No Yes Unknown

Page 2 of 3 ends

(Sketch Map with north arrow required
*Resource Name or #: (Assigned by Recorder) WOODLAND_S_589__APN_094-451-05 Historic Prehistoric Both
547
Landscaping: Heavily landscaped front yard with low, wood retaining wall and mound of ivy.

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by: Date Recorded: January 2005
P3a. Description (Cont.):
ding has a flat roof with no overhang and no fenestration. The gable’s center bay is recessed to form a covered carport and entrance, which is located in one corner and surrounded by four frosted glass panels spanned by a wood lintel with an open transom. On the opposite side of the carport, the roof overhang has several cut-outs. A horizontal beam, with an applied, decorative wood strip, stretches across the width of the gable with one end integrated into the garage bay and the other supported by square wood posts. The building, including the garage door, is clad with narrow-gauge, vertical wood siding. The concrete driveway is scored to mirror the width of the garage and carport.

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

Page 3 of 3 ends

B6. Construction History (Cont.):

Lot Acre: 0.205
Building Sqft: 1774
Planning Zone: R-1-8 # Stories: 1
Previously Surveyed: --
Unit Addr:
# of Units:

B13. Remarks (Cont.):

Related Features:

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

Sherman Oaks, CA 91423
*Resource Name or #: (Assigned by Recorder) WOODLAND_S_589__APN_094-451-05 Description of Photo:
548
549
550
551
552
553
554
555
556
557
558
559
560
561
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 270 S. Olive Street, Orange, CA 92866 APN: 390-653-13
Mills Act Contract Number: 452.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and KATHLEEN VOSS, a Single Woman (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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,
562
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 270 S. Olive Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-653-13 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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.
563
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 Contract term to determine Owner's compliance with the terms 564
4 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period 565
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

13. 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.
566
6 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.

City of Orange
Attn.: City Manager
Kathleen Voss
300 E. Chapman Avenue 270 S. Olive Street
Orange, CA 92866 Orange, CA 92866

18. 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 567
7 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.

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 568
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 569
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Kathleen Voss
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
570
10 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 8 IN BLOCK “B” OF THE BEACH’S ADDITION TO ORANGE, IN

THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE
387 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
[APN 390-653-13]
572
12 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.
574
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
270 S. Olive Street
Priority Description of Work Cost Estimate Completion Date 1 Foundation engineering and
repair 89,000.00 2024
2 Termite Remediation 6,000.00 2024
3 Back screen door replacement 1,000.00 2025
4 Window repair - interior finish
of sash and trim, kitchen
window operability
2,000.00 2026
5 Front screen door repair 1,000.00 2027
6 Repair exterior woodwork and
paint exterior 10,000.00 2028
7 Engage contractor to evaluate
the entire porch, including
stairs, landing, baluster,
ceiling, make
recommendations for
treatment, and implement
recommendations
10,000.00 2029
8 Update plumbing - remove
remaining galvanized
plumbing
5,000.00 2030
TOTAL REHABILITIATION 124,000.00
575
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
576
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: 270 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.) - S OLIVE 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 #: OLIVE_S_270__APN_390-653-13
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1902
Primary # 30-158812
HRI # 038178
Date:

NRHP Status Code 1D
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: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Two-story clapboard house with a rectangular plan and single, front-facing gable roof. Smaller overhang at first story in front forms porch and is supported by Classical columns, the frontmost portion of which is a pedimented gable. Large, three-part picture window is in front. ,#
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. 577
B1. Historic Name: William and Nora Clement House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Victorian
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1902 *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 1D
This appears to have been originally owned by William and Nora Clement. Mr. Clement was the manager of Griffith Lumber Company and went on to distinguish himself in civic affairs in Orange. See listing for 545 South Grand for more information on Mr. Clement.

Primary # 30-158812
HRI # 038178
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.)
578
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-158812
HRI # 038178
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: 0.1809
Principal Building Sqft: 1610
Planning Zone: R-4 # of Stories: 2
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# 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 #: OLIVE_S_270__APN_390-653-13
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

579
580
581
582
583
584
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 247 N. Center Street, Orange, CA 92866 APN: 039-244-06
Mills Act Contract Number: 453.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and DANIEL A. HEALY and KIMBERLY J. HEALY, Trustee and Successor Trustees of the 2016 Healy Family Trust dated November 23, 2016, (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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 585
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, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 247 North Center Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 039-244-06 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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.

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.

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.
587
4 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 Contract 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

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.

City of Orange
Attn.: City Manager
Daniel and Kimberly Healy
300 E. Chapman Avenue 9811 Oakwood Circle
Orange, CA 92866 Villa Park, CA 92861
590
7 18. 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.

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 591
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 592
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Daniel A. Healy
_____________________________
Kimberly J. Healy
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
593
10 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:

PARCEL 1:

LOT 20 IN BLOCK 8 OF THE BONNIE BRAE TRACT, IN THE CITY OF

ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 8 OF

MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY

RECORDER, CALIFORNIA
PARCEL 2:

AN EASEMENT OVBER THE NORTH 4 ½ FEET OF LOT 21 IN BLOCK 8 OF THE BONNIE BRAE TRACT, AS SHOWN ON A MAP RECORDED
IN BOOK 4, PAGE 8 OF MISCELLANEOUS MAPS, RECORDS OF

ORANGE COUNTY, CALIFORNIA, FOR A COMMON DRIVEWAY TO

BE USED BY THE PRESENT AND SUBSEQUENT OWNERS OF LOTS
20 AND 21 IN BLOCK 8 OF SAID BONNIE BRAE TRACT, AS

DESCRIBED AND SET OUT IN THAT CERTAIN AGREEMENT BY AND
BETWEEN MRS. J.A. MOORE AND IRVINE J. CASE DATED
DECEMBER 29, 1922, RECORDED DECEMBER 29, 1922 IN BOOK 447, PAGE 397 OF DEEDS
[APN 039-244-06]
595
12 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.
597
EXHIBIT “D”

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

1. Update electrical 23,000.00 2025

3. Seismic retrofit 12,000.00 2025

7. Termite repair 1,100.00 2025

2. Install HVAC 27,000.00 2026

4. Exterior paint 15,000.00 2027

5. Window repair 6,000.00 2030

6. Water heater 10,000.00 2030
TOTAL 94,100.00
598
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
599
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: 247 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 CENTER 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 #: CENTER_N_247__APN_039-244-06
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1919
Primary # 30-159324
HRI # 038690
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 - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story bungalow with ornamental lap siding and shallow-pitch, gable roof. One-half of the front facade is occupied by a porch overhang which is supported by elephantine piers. ,#
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. 600
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1919 *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 - Minor and reversible or appropriate changes 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
Since the 1982 survey, this structure has been altered with inapproporate brick porch addition. Altered as of 2005: Infilled/altered porch.

Primary # 30-159324
HRI # 038690
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.)
601
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159324
HRI # 038690
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: 0.1591
Principal Building Sqft: 1194
Planning Zone: R-2-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# 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 #: CENTER_N_247__APN_039-244-06
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

602
603
604
605
606
607
608
609
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 619 South Woodland Street, Orange, CA 92869 APN: 094-451-08
Mills Act Contract Number: 454.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and DANA R. DANET and ADRIENNE C. DANET, Trustees of the Dana and Adrienne Danet Living Trust 2008 dated August 26, 2008 (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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 610
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, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 619 South Woodland 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 (herein referred to as the “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 to the “Historic Property” (as defined below). 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.

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.
612
4 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 Contract 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

City of Orange
Attn.: City Manager
Dana and Adrienne Danet
300 E. Chapman Avenue 619 South Woodland Street
Orange, CA 92866 Orange, CA 92869
615
7 18. 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.

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 616
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 617
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Dana Danet
______________________________
Adrienne Danet
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
618
10 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 52 OF TRACT 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 ORANGE
COUNTY.
[APN 094-451-08]
620
12 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.
622
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
619 S. Woodland Street
Priority Description of Work Cost
Estimate
Completion
Date
1 Service sliding patio doors $1,400 2025
2 Install plumbing cleanouts $5,700 2025
3 Prepare/prime/paint exterior $12,000 2025
4 Repair/repaint atrium
exterior beams $4,500 2026
5 UV/shatter resistant UV film $9,700 2027
6 Foam roof repairs $6,525 2028
7 Repair termite damage and
repaint $1,800 2028
8 Repair/replace existing front
siding $5,200 2029
9 Fix exterior underground
wiring $3,500 2029
10 Rehabilitate and paint beams
at atrium $3,500 2029
11 Inspect chimney and repaint $900 2031
12 Recoat foam roof $13,000 2032
13 Repair /replace concrete
grade issues at house $6,500 2034
14 Atrium concrete and wood
replacement $11,000 2035
TOTAL
REHABILITATION $85,225
623
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
624
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:
*P2. Location:
c. Address: 619 Zip: 92869
(Give more than one fr large and/or linear resourc
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S WOODLAND 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:

Orange County Assesor Records. (2005).

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc. (1982). Orange Historic Survey.

Orange Daily News
DPR 523A (1/95) *Required Information
*Resource Name or #: (Assigned by Recorder) WOODLAND_S_619__APN_094-451-08 *P9. Date Recorded:

January 2005
1960 c
Primary #
HRI #
Date:

NRHP Status Code 6Z
Trinomial
Other Listings:

Review Code: Reviewer:

Materials:

ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Model LA-91: This model is one-story, post-and-beam construction with a flat roof that forms a deep eave overhang over cantilevered, square-end, wood beams. Narrow transom windows without grids are tucked under the eave. The model has a slightly off-center, at-grade, recessed entrance with a door surrounded by *b. USGS 7.5' Quad:
625
Status change since previous survey: Not previously surveyed.

Fairhaven Tract
B1. Historic Name: Unknown
B3. Original Use: B4. Present Use: RES
*B5. Architectural Style: California mid-century modern B2. Common Name:
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1960 *B9. Architect or Builder: Anshen & Allen
Period of Significance: Eichler tract (c. 1959 - 1965)
*B10. Significance: Property Type: Building
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Site Integrity:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) *Required Information
*B12. References:

Orange County Assesor Records.

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc.(1982). Orange Historic Survey.

Orange Daily News.
*NRHP Status Code: 6Z
(Sketch Map with North arrow required.)
Opportunities:

Since 1991 Survey, Flat roof replaced with hipped, asphalt shingled roof; repaved front drive and walk.

Level of Alteration: High.

Primary #
HRI #
Applicable Criteria:
c
No Yes Unknown

Page 2 of 3 ends

(Sketch Map with north arrow required
*Resource Name or #: (Assigned by Recorder) WOODLAND_S_619__APN_094-451-08 Historic Prehistoric Both
626
Landscaping: Moderately landscaped with small shrubs.

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by: Date Recorded: January 2005
P3a. Description (Cont.):
floor-to-ceiling frosted glass sidelights and transom. To one side of the entrance is a 2-bay garage; this portion of the façade, including the garage doors, is clad with narrow gauge vertical wood siding. The remainder of the façade is clad with stacked concrete masonry units (CMU). At either end of the CMU is a narrow, floor-to-ceiling plate glass window without grids. There is a CMU irrigation box and concrete driveway scored to mirror the width of the garage bays.

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

Page 3 of 3 ends

B6. Construction History (Cont.):

Lot Acre: 0.3159
Building Sqft: 2550
Planning Zone: R-1-8 # Stories: 1
Previously Surveyed: --
Unit Addr:
# of Units:

B13. Remarks (Cont.):

Related Features:

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

Sherman Oaks, CA 91423
*Resource Name or #: (Assigned by Recorder) WOODLAND_S_619__APN_094-451-08 Description of Photo:
627
628
629
630
631
632
633
634
635
636
637
638
639
640
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 1284 North Linda Vista Street, Orange, CA 92869 APN: 379-011-03
Mills Act Contract Number: 455.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and DAVID L. WOOLLETT and TAMI D. KAILOLA, Husband and Wife, and JOSEPH L. WOOLLETT, an Unmarried Man as Joint Tenants (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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 641
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, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 1284 N. Linda Vista Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 379-011- 03, and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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.

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.
643
4 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 Contract 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

City of Orange
Attn.: City Manager
David L. Woollett, Tami D. Kailola,
Joseph L. Woollett
300 E. Chapman Avenue 1284 North Linda Vista Street
Orange, CA 92866 Orange, CA 92869
646
7 18. 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.

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 647
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 648
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
David L. Woollett
_____________________________
Tami D. Kailola
_____________________________
Joseph L. Woollett
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
649
10 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 3 OF TRACT NO. 4733 AS PER MAP RECORDED IN BOOK 177, PAGES 7-10 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
[APN 379-011-03]
651
12 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.
653
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
1284 N. Linda Vista Street
Priority Description of Work Cost
Estimate
Completion
Date
1 Replace front horizontal
beam and reconstruct
extensions
$12,000 2025
2 Service sliding patio doors
throughout home (screens,
wheels, locks) R & R to
match original spec
$1,900 2025
3 Repair wall outlet in atrium $275 2025
4 Recoat foam roof $15,200 2026
5 R&R roof fascia $4,000 2026
6 Replace deteriorated interior
floors
$21,600 2027
7 Limited replacement of
cracked full-height glazed
panels at living room. Wood
stops to match original
Eichler Homes specifications.
$2,600 2027
8 Install UV/shatter resistant
window film at full height
glazed panels and transoms
$10,500 2027
9 R&R roof fascia original tiltup style garage door$5,200 2029 11 Replace deteriorated siding
matching original Eichler
Homes specifications
$4,200 2030
12 Recoat roof at 5th year $15,200 2031
TOTAL REHABILITIATION $92,675
654
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
655
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:
*P2. Location:
c. Address: 1284 Zip: 92869
(Give more than one fr large and/or linear resourc
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N LINDA VISTA 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:

Orange County Assesor Records. (2005).

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc. (1982). Orange Historic Survey.

Orange Daily News
DPR 523A (1/95) *Required Information
*Resource Name or #: (Assigned by Recorder) LINDA_VISTA_N_1284__APN_379-011-03 *P9. Date Recorded:

January 2005
1962 c
Primary #
HRI #
Date:

NRHP Status Code 5B
Trinomial
Other Listings:

Review Code: Reviewer:

Materials:

ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Model LJ-124, variant 1: This model is one-story, post-and-beam construction with a ¾-width low-pitched, front-facing gable roof that forms a deep eave overhang over cantilevered, square-end, wood beams with trapezoidal transom windows tucked under the eaves of the one-bay garage. The remaining width of the buil *b. USGS 7.5' Quad:
656
Status change since previous survey: Not previously surveyed.

Fairhills Tract
B1. Historic Name: Unknown
B3. Original Use: B4. Present Use: RES
*B5. Architectural Style: California mid-century modern B2. Common Name:
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1962 *B9. Architect or Builder: A. Quincy Jones
Period of Significance: Eichler tract (c. 1959 - 1965)
*B10. Significance: Property Type: Building
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Site Integrity:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) *Required Information
*B12. References:

Orange County Assesor Records.

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc.(1982). Orange Historic Survey.

Orange Daily News.
*NRHP Status Code: 5B
(Sketch Map with North arrow required.)
Opportunities:

Level of Alteration: Low.

Primary #
HRI #
Applicable Criteria:
c
No Yes Unknown

Page 2 of 3 ends

(Sketch Map with north arrow required
*Resource Name or #: (Assigned by Recorder) LINDA_VISTA_N_1284__APN_379-011-03 Historic Prehistoric Both
657
Landscaping: Moderately landscaped yard with small hedges and mature tree.

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

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

Page 3 of 3 ends

B6. Construction History (Cont.):

Lot Acre: 0.1874
Building Sqft: 1695
Planning Zone: R-1-8 # Stories: 1
Previously Surveyed: --
Unit Addr:
# of Units:

B13. Remarks (Cont.):

Related Features:

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

Sherman Oaks, CA 91423
*Resource Name or #: (Assigned by Recorder) LINDA_VISTA_N_1284__APN_379-011-03 Description of Photo:
658
659
660
661
662
663
664
665
666
667
668
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: 1815 N. Woodside Street, Orange, CA 92865 APN: 374-213-10
Mills Act Contract Number: 456.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and DANIEL LEITNER and KATJA LEITNER, husband and wife and BENJAMIN LEITNER, a single man as joint tenants (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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 669
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, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 1815 North Woodside Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 374-213- 10 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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.

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.
671
4 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 Contract 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

18. ies. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

City of Orange
Attn.: City Manager
Daniel & Katja Leitner and Benjamin
Leitner
300 E. Chapman Avenue 1815 North Woodside Street
Orange, CA 92866 Orange, CA 92865
674
7 18. 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.

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 675
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 676
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Daniel Leitner
_____________________________
Katja Leitner
______________________________
Benjamin Leitner
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
677
10 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 117 OF TRACT NO. 3978, IN THE CITY OF ORANGE, COUNTY OF

ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 140, PAGES 17 THROUGH 19 INCLUSIVE OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
[APN 374-213-10]
679
12 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.
681
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
1815 N. Woodside Street
Priority Description of Work Cost Estimate Completion
Date
1 Chemical treatment for
subterranean termite control
3/15/2024 to prevent further
deterioration of original house
structure.
$800.00 2025
2 Installation of new water
heater and water softener to
prevent corrosion and
deterioration of plumbing
infrastructure.
$4,500.00 2025
3 Restoration of original
deteriorated front and
bathroom doors on west and
south side of home. Reskin if
possible to retain maximum
original material.
$3,000.00 2025
4 Installation of clear UV
protection/safety film on clear
tempered glass fronts of the
house to maintain the original
single glass while increasing
isolation and overall safety.
$9,000.00 2025
5 Major maintenance of
fireplace and chimney flue to
restore functionality and
maintain original equipment.
$1,200 2025
6 Major maintenance of the
original roof system to stop
leaks in living and garage
space as well as including
skylight repair.
$6,500.00 2025
682
7 Installation of minisplit
HVAC system for entire
home. Currently no
functioning climate control.

Linesets will be hidden
within siding and installed
such as to reduce impact to
original appearance of siding
from the street to the fullest
extent possible
$22,500.00 2025
8 Repair and adjust original
garage door to maintain
function and appearance.
$1,800.00 2025
9 Maintenance/repair of original
sliding glass doors.
$1,500.00 2025
10 Repair of roof and fascia
board on North side of home
and installation of flashing to
prevent further damage to
siding and doorway.
$2,100.00 2026
11 Replacement of water supply
piping with pin-hole leak.
$2,500.00 2026
12 Maintenance / repair of the
statement beam and wood
'trellis' over front wall to
restore original appearance.
$2,800.00 2026
13 Restore wall adjacent to front
door and panel next to brick
wall to original appearance.

Remove wood paneling and
restore to obscured glass to
match original.
$3,000.00 2027
14 Paint the exterior of the house
after repair of siding as
needed. Siding if original to
be repaired as possible and any
replacement done with
Eichler siding to match
original. Ventilation fans on
south side of home will be
relocated to the roof structure
to restore original clean
appearance of siding.
$12,700.00 2028
683
15 Electrical Panel replacement
to improve electrical
infrastructure of the home,
meet current electrical code,
and relocate all possible
conduit to within the siding.
$5,000.00 2030
16 Regular Maintenance of the
original roof system.
$3,000.00 2030
17 Regular maintenance of
fireplace and chimney flue.
$700.00 2031
18 Inspection and maintenance of
HVAC system for entire house.
$1,500.00 2031
19 Maintenance of fireplace and
chimney flue
$700.00 2031
20 Replacement of water softener
resin tank
$800.00 2034
TOTAL REHABILITIATION $85,600
684
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
685
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:
*P2. Location:
c. Address: 1815 Zip: 92865
(Give more than one fr large and/or linear resourc
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries) ; ; ;
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:

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

Orange County Assesor Records. (2005).

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc. (1982). Orange Historic Survey.

Orange Daily News
DPR 523A (1/95) *Required Information
*Resource Name or #: (Assigned by Recorder) WOODSIDE_N_1815__APN_374-213-10 *P9. Date Recorded:

January 2005
1964 c
Primary #
HRI #
Date:

NRHP Status Code 5B
Trinomial
Other Listings:

Review Code: Reviewer:

Materials:

ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Model LA-24: This model is one-story, post-and-beam construction with an L-shaped front façade. The projecting bay has a flat roof, is fenestrated with one, floor-to-ceiling, narrow, wood frame window with no grids, and is clad with narrow-gauge, vertical wood siding. The larger wing of the house is set back fr *b. USGS 7.5' Quad:
686
Status change since previous survey: Not previously surveyed.

Fairmeadow Tract
B1. Historic Name: Unknown
B3. Original Use: B4. Present Use: RES
*B5. Architectural Style: California mid-century modern B2. Common Name:
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1964 *B9. Architect or Builder: Unknown
Period of Significance: Eichler tract (c. 1959 - 1965)
*B10. Significance: Property Type: Building
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Site Integrity:

Structural Integrity: Fair
(List attributes and codes)
*Date of Evaluation: January 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: D. Gest, P. LaValley
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) *Required Information
*B12. References:

Orange County Assesor Records.

Chattel Architecture. (2005). Historic Resources Survey.

AEGIS. (1991). Historic Building Inventory Update.

Heritage Orange County, Inc.(1982). Orange Historic Survey.

Orange Daily News.
*NRHP Status Code: 5B
(Sketch Map with North arrow required.)
Opportunities:

Level of Alteration: Low.

Primary #
HRI #
Applicable Criteria:
c
No Yes Unknown

Page 2 of 3 ends

(Sketch Map with north arrow required
*Resource Name or #: (Assigned by Recorder) WOODSIDE_N_1815__APN_374-213-10 Historic Prehistoric Both
687
Landscaping: Minimally landscaped yard.

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by: Date Recorded: January 2005
P3a. Description (Cont.):
om and slightly shorter than the projecting bay. This wing has a flat roof with a deep eave overhang and an exterior, concrete block chimney along the side elevation. The at-grade entrance is flush with the exterior wall and surrounded by one, floor-to-ceiling, frosted glass sidelight. To one side of the entrance is a 2- bay garage; this portion of the wing, including the garage doors, is clad with narrow-gauge, vertical wood siding. On the opposite side of the entrance, the façade is clad with concrete block (CMU) and is fenestrated with one, floor-to-ceiling, narrow, wood window with no grids. The overhang over this portion of the façade is open woodwork. The concrete driveway is scored to mirror the width of the garage bays.

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

Page 3 of 3 ends

B6. Construction History (Cont.):

Lot Acre: 0.1997
Building Sqft: 1639
Planning Zone: R-1-8 # Stories: 1
Previously Surveyed: --
Unit Addr:
# of Units:

B13. Remarks (Cont.):

Related Features:

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

Sherman Oaks, CA 91423
*Resource Name or #: (Assigned by Recorder) WOODSIDE_N_1815__APN_374-213-10 Description of Photo:
688
689
690
691
692
693
694
695
696
697
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 374 North Pine Street, Orange, CA 92866 APN: 386-133-23
Mills Act Contract Number: 458.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and FRANCIS J. McBRIDE, III and CHERIE LUI, husband and wife, as community property (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 374 N. Pine Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 386-133-23 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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 Contract term to determine Owner's compliance with the terms 700
4 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew 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.

13. 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.
702
6 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.

City of Orange
Attn.: City Manager
Frank McBride & Cherie Lui
300 E. Chapman Avenue 960 N. Tustin St. #415
Orange, CA 92866 Orange, CA 92867

18. 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 703
7 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.

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 704
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 705
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Francis J. McBride, III
______________________________
Cherie Lui
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
706
10 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 14 OF BLOCK C OF TRACT WELCH AND MAROON’S IN THE

CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
[APN 386-133-23]
708
12 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.
710
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
374 and 378 N. Pine Street
Priority Description of Work Cost
Estimate
Completion
Date
1 Roof - replace roof on existing
house and garage $15,341.00 2025
2 Windows - replace front window
to match existing; replace broken
glass; rehabilitate wood casement
and hung sash
$22,970.00 2025
3 Front porch - restore $9,450.00 2025
4 HVAC - install minisplit system
in each unit $19,200.00 2025
5 Plumbing - Install new sewer
lines, and hot/cold water lines $17,600.00 2025
6 Electrical - Provide and install
carbon monoxide detectors,
replace existing knob and tube
$16,800.00 2025
7 Seismic Retrofit - reinforce floor
joists, replace dry rot members $3,220.00 2025
8 Siding repair - repair wood siding
on house and garage $15,000.00 2025
9 Repaint house and garage $16,900.00 2025
TOTAL REHABILITATION $136,481.00
711
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
712
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: 374 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.) - 378 N PINE 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 #: PINE_N_374-378__APN_386-133-23
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1920 c
Primary # 30-159583
HRI # 038949
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP3)--Duplex
*a. County: Orange
P5b. Description of Photo:

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

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story house built on a rectangular plan with clapboard siding and single, side-facing gable roof. Entry is beneath a small gabled portico. The presence of two doors indicate the house was built as a duplex.
,#
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. 713
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1920 *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: Excellent 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 # 30-159583
HRI # 038949
c
No Yes Unknown

Page 2 of 3 ends

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

Applicable Criteria: AC
Orange Daily News. Sanborn Maps (1922, 1950).
(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.)
714
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159583
HRI # 038949
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: 960
Planning Zone: R-2-6 # 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 #: PINE_N_374-378__APN_386-133-23
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

715
716
717
718
719
720
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 362 S. Shaffer Street, Orange, CA 92866 APN: 390-404-16
Mills Act Contract Number: 460.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and AUSTIN J. MUCKENTHALER, a Single Man and CHRISTY MECXIN, a Single Woman as Joint Tenants (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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,
721
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 362 S. Shaffer Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-404-16 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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.
722
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 Contract term to determine Owner's compliance with the terms 723
4 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period 724
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

13. 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.
725
6 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.

City of Orange
Attn.: City Manager
Austin Muckenthaler & Christy Mecxin
300 E. Chapman Avenue 362 S. Shaffer Street
Orange, CA 92866 Orange, CA 92866

18. 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 726
7 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.

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 727
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 728
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Austin J. Muckenthaler
______________________________
Christy Mecxin
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
729
10 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 19 IN BLOCK B OF GEORGE ACHISON’S SUBDIVISION OF
RICHLAND FARMS LOT NOS. 41 AND 42 IN THE CITY OF ORANGE,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 49 OF MISCELLANEOUS MAPS, IN

THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
[APN 390-404-16]
731
12 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.
733
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
362 S. Shaffer Street
Priority Description of Work Cost
Estimate
Completion
Date
1 WINDOWS: Window
repair and restoration: 20 of
the home's historic double
hung windows are currently
inoperable and in need of
repair.
$6,000 2024
2 ELECTRICAL: Update
electrical. The house has
seen occasionally electrical
updating from knob and
tube to modern wiring,
however work prior to our
ownership was not
permitted, and a full rewire
was not accomplished.
$8,000 2025
3 ROOF: Roof replacement
with historic materials. The
roof has not been repaired
in many years. Asphalt
shingles are near their
useful life, risking the
structure. Insulation would
help prevent the further
deterioration of the
structure.
$40,000 2027
734
4 SIDING: Historic clapboard
siding was covered up in
the 1950s or 1960s by
asbestos comment shingles.

Work would remove the
shingles and repair and
restore the existing historic
clapboard that exists
underneath. Home would
also be painted an
appropriate color.
$30,000 2029
5 PORCH: Restore porch to
historic character. Currently
the porch has stuccoed
elements and cracked
concrete that are in
disrepair. Porch also lacks a
historic balustrade.
$4,000 2031
6 DRIVEWAY: Historic
ribbon driveway is in need
of concrete repair in many
areas
$6,000 2032
7 GARAGE: Historic
detached garage is in need
of substantial repair as the
walls have been exposed to
the elements for a century.

Framing is progressively
declining and without
mitigation may sag or fail.
$25,000 2034
TOTAL REHABILITATION COST $119,000
735
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
736
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: 362 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.) - S 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, D.

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

DPR 523A (1/95) *Required Information
*Resource Name or #: SHAFFER_S_362__APN_390-404-16
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1920
Primary # 30-159194
HRI # 038560
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 - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story bungalow once of clapboard, now covered by asbestos siding. A multi-gable roof with parallel, front-facing gables define the front portion of the house. The forwardmost gable forms the entry porch overhang and is supported by tapered piers. ,#
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. 737
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1920 *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:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
Clapboard is now covered by asbestos siding. Altered as of 2005: Siding.

Primary # 30-159194
HRI # 038560
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.)
738
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159194
HRI # 038560
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: 0.1563
Principal Building Sqft: 1066
Planning Zone: R-2-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# 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 #: SHAFFER_S_362__APN_390-404-16
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

739
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754
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 380 S. Shaffer Street, Orange, CA 92866 APN: 390-404-13
Mills Act Contract Number: 459.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and JASON T. CLAYTON and KRISTEN L. CLAYTON, Trustees of The Clayton Family Trust dated June 28, 2017 (referred to herein as the “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 the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through 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,
755
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 380 S. Shaffer Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-404-13 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “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 to the “Historic Property” (as defined below). 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.
756
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 Contract term to determine Owner's compliance with the terms 757
4 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 contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period 758
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

13. 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.
759
6 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.

City of Orange
Attn.: City Manager
Jason T. Clayton & Kristen L. Clayton,
Trustees of the Clayton Family Trust
Dated June 28, 2017
300 E. Chapman Avenue 380 S. Shaffer Street
Orange, CA 92866 Orange, CA 92866
760
7 18. 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.

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 761
8 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.

27. ADMINISTRATION. This Agreement shall be administered by the City’s 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 City’s Director of Community Development (or his/her authorized representative). The City’s 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] 762
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Jason T. Clayton
______________________________
Kristen L. Clayton
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
763
10 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 22 IN BLOCK B OF TRACT GEORGE ACHISON’S SUBDIVISION

RICHLAND FARM LOTS, IN THE CITY OF ORANGE, COUNTY OF

ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 3, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
[APN 390-404-13]
765
12 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.
767
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
380 S. Shaffer Street
Priority Description of
Work
Cost
Estimate
Completion
Date
1 Remove/replace
wood on front porch
to bring it to normal
height
$3,500 2024
2 Remove soil built up
next to foundation to
keep water out of
crawlspace
$5,000 2025
3 Repair 2 post/pier
systems down the
middle of the house.

Seismic retrofit with
cripple walls. Other
general foundation
repairs.
$27,000 2026
4 Repair northeast
corner of the porch $4,000 2027
5 Replace basement
entrance doors $5,000 2028
6 Repair windows to
shed water properly $1,000 2028
7 Replace water heater $6,500 2029
8 Replace aluminum
window screens with
wood screens.

Replace wood screen
door.
$6,000 2030
9 Repair ornate rafter
tails $2,000 2034
10 Repair wood siding
and replace as
needed
$6,000 2034
768
11 Exterior paint $9,000 2034
12 Replace HVAC
system $20,000 2034
TOTAL REHABILITAIION COST $95,000
769
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
770
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Orange City CouncilNovember 26, 2024

Orange City Council
November 26, 2024