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AGR-7453 - JULIO MORALES AND MEGAN MORALES - MILLS ACT CONTRACT - 367 S CENTER ST - MAC 419.0-2212/21/22,9:02 AM Batch 15140903 Confirmation Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder ' 111111 1111111111111111H 111111 1111 NO FEE 7 3 R 0 0 1 4 1 2 0 8 1 8 $ 2022000414096 9:00 am 12/21/22 RECORDING REQUESTED BY 227 N. Al2 21 AND,WHEN RECORDED, o.00 000oo o.00 o.ao 60.00 0.00 0.000.000.00 o.00 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:367 S.Center Street APN:3 90-404.07 Mills Act Contract Number:419,0-22 HISTORIC PROPERTY PRESERVATION AGREEMENT MULLS ACT CONTRACT) THIS HISTORIC PROPERTY PRESERVATION AGREEMENT("Agreement")is made and entered into as of the date of execution by the City("Effective Date"),by and between the CITY OF ORANGE, a municipal corporation("City"), and JULIO MORALES and MEGAN MORALES, as Trustees of the Julio and Megan Morales Revocable Trust("Owner"),with reference to the following: RECITALS WHEREAS,the Mills Act(Government Code Section 50280 et seq,)provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts,designated by the Orange City Council;and 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, 1 https://gs.secure-recording.com/Batch/Confirmation/15140903 1/2 12/21/22,9:02AM Batch 15140903 Confirmation 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 367 S.Center Street in the City of Orange, County of Orange, State of California, having Assessor's Parcel Number 390-404-07 and more specifically described in Exhibit A,which exhibit is attached hereto and made a part hereof("Historic Property); and WHEREAS,the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks,California Points of Historical Interest,or is a contributing property in a locally designated historic district; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City's expectation that the Owner will use the property tax savings accrued under this Agreement for improvements 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. 2 https://gs.secure-recording.com/Batch/Confirmation/15140903 2/2 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement. 3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to,the general architectural form, style,materials, design, scale, details,mass, roofline and other aspects of the appearance of the exterior of the;Historic Property.For purposes of identification of the Historic Property, the City's Official Historic Property Inventory Form DPR$23)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 Secretaly of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange's Historic Preservation Design Standards for Old Towne and Eichler Design Standards. As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense,to complete,or cause to be completed,the work or improvements described in Exhibit D within the times established therefore in Exhibit'D'. The Owner shall secure any and all permits which may be required by the.City or any other governmental:agency affected by the construction of the work or improvements. The.Owner accepts responsibility for and shall be responsible for identification of and,compliance with all applicable laws pertaining to the construction and installation of the work or improvements ,described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to,hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into. In addition to the foregoing,the Owner hereby,agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect ("Applicable Laws") pertaining to the use of ihe Historic Property. Owner must give the City immediate written notice on Owner's becoming aware that the use or condition of;the Historic Property is in violation of any Applicable Laws. 4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment,,of the interior and exterior,of the Historic Property by the City at a minimum every five.(5)years during the Agreement term,to determine Owner's compliance with the terms and provisions of this Agreement ,Owner agrees to provide the City with a report as to the status of the Historic.Property annually within thirty (30) days following each anniversary of the 3 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,:Ownerr shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property,performing required inspections,and enforcement of the Agreement. Said fee shall be payable to the City Of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City's Master Schedule of Fees'and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful'breach of this Agreement and may result in cancellation of the Agreement in accordance with.the cancellation terms detailed below. 6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this g13, gAgreementshallbe.from December 2022 to and,includiri December 13,2032. 7. AUTOMATIC RENEWAL. On each yearly:anniversary of the Effective Date of this Agreement renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal,is given as,provided in this Agreement. 8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council, 9. NOTICE OF NONRENEWAL. If in any year either.the Owner or City:desires not to renew this Agreement,'that party shall serve written notice of nonrenewal to the.other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90)days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant;and shall furnish the City Council with any information it may require.At any time prior to the renewal date,City may withdraw its notice of nonrenewal. 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 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be. 4 11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety(90) days prior to the tenth (loth) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth loth)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 fur therinformation as maybe 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 givenby registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is.not corrected to the reasonable satisfaction of the City within thirty(30)days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such,breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City,may,without further notice,institute legal action. Except as otherwise expressly stated in this.:Agreement,.the rights and remedies of the City are cumulative, and,the exercise by the City of one or more of such rights or remedies shall not preclude,the exercise by it, at the same or,different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any 5 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 thehearing 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 Julio and:Megan Morales Attn.:City Clerk 300 E. Chapman Avenue 245 S. Via Montanera Orange, CA 92866 Anaheim, CA 92807 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. 6 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 Hi stone 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, regardless of the tax exempt status of any subsequent owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner:who entered into this Agreement. 23. REQUIREMENTS,RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance,of the Historic Property ("Transfer"), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice,to the City of such proposed Transfer, including the name(s) of the transferee(s). In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that'the transferee(s)has have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s),the Owner's liability for performance,-shall be terminated as to any obligation,to be performed hereunder after the date of such Transfer, 24. RECORDATION, City shall:record a copy of this Agreement with:the Office of the County Recorder of the County:of Orange.• 7 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 bong 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 ofpage intentionally left blank; signatures on,next page] IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. OWNER" Dated: /2022 Julio orales Dated: I 2-- ( C.0 , 2022 c'Ir 1 1M G1J,c' Megan s CITY" CITY OF ORANGE, a municipal corporation Dated: laIao , 2022 By: Q ark why S Va-€r' Mayor ST:APPROVED AS TO FORM: tli'IJAAi w Pamela Coleman Mary E. B. ning City Clerk Senior Assistant City Attorney 9 ACKNOWLEDGEMENT 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. State of Calif rnia County of `(2',# ,) On I 2/ar0 before me, I!a I' r w /1 aa,`zo a Notary.Publicin and for theSate of California,personally;appeared Jf //47"" 14e G atif / 6C-ml t cyst( 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 signatures)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. r SERGIO VALENTIN MUNIZ WP:.' N w Notary Public-California 5 W Orange County r Comm H 36097 4iFoo, My Comm.Expiresission Oc23t 20,2024 Signature Seal) ass s 1 10 CALl1F*IRt112 t ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 cr r ss s s s s ; ds x cts c•r . • s •s-6- . .i6 .c r c • 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. State of California County of C)ro LRe— On yal'-olaa. before me, Sal I lE3-\--0T'j v,\01\C- Date Here Insert Name and Title of the Officer personally appeared ")oon\e . s`c„ ,- Name of Signer,() who proved to me on the basis of satisfactory evidence to be the person(g) whose nameW is/arc subscribed to the within instrument and acknowledged to me that hey-executed the same in , his/hcr/thcir authorized capacity(ies),and that by his/lief/their signature(Oon the instrument the person(e); 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. SALLY R.TREJO WITNESS my hand and official seal. Notary Public-California Orange County F. Commission 4 2283155 My Comm.Expires Apr,24,2023 Signature Signs otary Pu Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. (Ac Q`7-i 3) Description of Attached Docum{ t nn Title or Type of Document: iI S T CCCSz Document Date: kal1319:a- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ner(s1 Sigper's Name: gripe S e r Signer's Name: Corporate Officer — Title(s): Y7loq or Li Corporate Officer — Title(s): fi Partner — Limited General Partner — Ei Limited ' eneral Individual U Attorney in Fact 0 Individual orney in Fact Trustee L; Guardian or Conservator i_U Trustee Guardian or Conservator II Other: Other: Signer Is Representing: GVy a`T °cote_ Signer epresenting: 2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT"A„ LEGAL DESCRIPTION OF HISTORIC PROPERTY REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE STATE OF CALIFORNIA,DESCRIBED AS: Lot four,.of Block B of George Achison's Subdivision of Richland Farm Lots 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,Records of Orange County,excepting therefrom,the,following:` Beginning at the Northwest corner of said Lot 4. Thence East along the North line of said Lot 4 a distance of 68 feet and nine inches; and Thence South,parallel with,.the West line of said Lot 4 a distance oft feet; Thence West parallel with the said North line of said Lot 4 a distance of 68 feet and nine inches to the West line of said Lot 4 Thence north along said West line of said Lot 4 to the Point of Beginning. APN 390 404=07) 11 EXHIBIT"B" SECRETARY OF THE INTERIOR'S.STANDARDS FOR REHABILITATION 1. Every reasonable effort shall be,made to.provide a compatible use for 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 nor 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 historicalnohiStoriegtbasisandwhichseektocreatean.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 wilt 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 the future,the essential form-and integrity of the structure would,be.unimpaired: 12 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: p ddoors,walls and windows.1. .Dilapidated,deteriorating,;or.unre aared<structures such as: fences,roofs, t alls, 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. 13 EXHIBIT"D" REHABILITATION/MAINTENANCE SCOPE OF WORK Attached.] 14 EXHIBIT"D" REHABILITATION/MAINTENANCE SCOPE OF WORK 367 S Center Street Priority Description of Work Cost Estimate Completion Date 1. Replace broken windows,repair pully system on original windows 4,860.00 2023 2. Replace roof 18,000.00 2025 3. Engage structural engineer experienced in, historic preservation to evaluate foundation; $15,500.00 2025 and structure,,and make recommendations.': for repair and retrofit 4. Exterior repairs including paint, repair,siding $13.;600.0.0 2027andwindowcasings 5. :Repair damaged.wood on garage and patio $4,400.00 2029 cover 6. Re-texture,and paint side and back porches, $2;800.00 2030 including stairs TOTAL 59,160.00 EXHIBIT "E" HISTORIC PROPERTY INVENTORY FORM(DPR 523) Attached.] 15 State of California -The Resources Agency Primary# 30-158954, DEPARTMENT OF PARKS AND RECREATION HRI# 038 #.. PRIMARY RECORD Trinomial o- NRHP Status Code 10'`. Other Listings: Review Code:Reviewer: Date: Page 1 of 3 Resource Name or#:CENTER_S_367_APN_390-404-07 Aatpned by R.00rdor) P1.Other Identifier: P2.Location:Not for Publication Unrestricted a.County: Orange and (P2b and Plc or P2d. Attach a location map as necessary) b,USGS 7.6'Quad: Date: T ; R ; 1/4 of 1/4 of Sec B.M. c.Address: 367 - S CENTER ST ,# City: Orange Zip: 92866 d.UTM: (Give more than one for tarps andfor Bear resources)Zone mE/ mN e.Other Locational Data: P3a.Description: (Describe resource and its major elements Include design,materials,condition,alterations size setting,and boudnanes Continues on Pg 3) Materials: Frame - Asbestos siding A box plan house with steep-pitched hip roof contrasted by smaller, front-facing gable which forms the Cttic dormer. Entry is via a recessed corner porch supported by Classical columns. P3b.Resource Attributes: (HP2)--Single family property List attributes and codes) P4,Resources Present: Building Structure Object Site © Element of District District Other(Isolates,etc.) P6b.Description of Photo: 2005 View,date,accession#) 1P8.Date Constructed/Age and Source: 1909 Historic Prehistoric Both P7.Owner and Address: P8: Recorded by: (Name,affiliation and address) D. Gest, P. LaValley, D. Matsumoto Ill l III Chattel Architecture 13417 Ventura Blvd. Sherman Oaks, CA 91423 ttj 'S P9.Date Recorded: P11.Report Citation: (Cite survey report and other sources or enter"none") April, 2005 Orange County Assessor Records (2005) . Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory *p10.Survey Type: (Describe) Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. Reconnaissance Attachments:NONE Location Map .1 Continuation Sheet(s) Building, Structure,and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record_ Rock Art Record Artifact Record Photograph Record Other(List): DPR 523A(1/95) Required Information State of California •The Resources Agency Primary# 30-158959 DEPARTMENT OF PARKS AND RECREATION HRI# 038320 BUILDING, STRUCTURE,AND OBJECT RECORD *NRHP Status Code 1D Page 2 of 3 Resource Name or#:CENTER S_367 APN_390-404-07 Assigned by Recorder) B1.Historic Name: Unknown B2.Common Name: B3.Original Use: RES B4.Present Use:RES B6.Architectural Style: Rip Roof Cottage B6.Construction History:(Construction date,adoration,and date of unfastens) Date of Construction: 1909 © Historic Prehistoric Both B7.Moved? © No Yes Unknown Date: Original Location: B8.Related Features: B9.Architect or Builder: Unknown B10.Significance: Theme: Architecture Area: City of Orange Property Type: Residence Period of Significance: Old Towne: Early Settlement (c. 1870 - 1920) Applicable Criteria: AC Discuss importance in terms of historical or architectural context as defined by theme,period,and geographic scope. Also address integrity. Continues on Pg.4.) Structural Integrity: Good Condition - Minor and reversible or appropriate changes to original structure. Site Integrity: Opportunities: 1311.Additional Resource Attributes: (List attributes and codes) B12.References: Orange Daily News. B13.Remarks: (Continues on Pg.3.) Sketch Map with North arrow required.) Status change since 1991 Survey: None. B14.Evaluator: Robert Chattel Date of Evaluation: September, 2005 This space reserved for official comments) DPR 523E(1/95) Required Information. State of California -The Resources Agency Primary# 30-158954 DEPARTMENT OF PARKS AND RECREATION HRI# 038320 CONTINUATION SHEET Trinomial ORA Page 3 of 3 Resource Name or#:CENTER_S_367_APN_390-404-07 Assigned by Recorder] Recorded by: D. Gest, P. LaValley, D. Matsumoto Date Recorded: April, 2005 Chattel Architecture 13417 Ventura Blvd. V Continuation Update Sherman Oaks, CA 91423 Years Surveyed: 1982, 1991, 2005 Description of Photo: 1991 Listed in National Register: 1997 General Plan: LDR #of Buildings: 1 Planning Zone: R-2-6 #of Stories: 1 Lot Acre: 0.129 #of Units: 1 Principal Building Sqft: 1213 B6.Construction History(Continued from Pg.2): 1114 B13.Remarks(Continued from Pg.2): f 1(fl 111111t 1111111111 111 if it if Of 1,1 x+ `• P3a. 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