AGR-7291 - RYAN AND MICHELLE MALLOY - MILLS ACT CONTRACT - 151 N SHAFFER STREET - MAC 395.0-2112/2/21,2:28 PM Batch 12596674 Confirmation
Recorded in OFficial Records,Orange County
Hugh Nguyen,Clerk-Recorder
II I II II IIII III II I II IIII I II I II NO FEE
7a) S R 0 0 1 3 3 7 4 3 1 1 S *
202100073055211:42 am 12102121
RECORDING REQUESTED BY 227 NC-5 Al2 24
AND,WHEN RECORDED, 0.00 0.00 0.00 0.00 69.00 0.00 O.OQ0.000.00 0.00
MAIL TO:
City Clerk
City of Ora ige
300 E.Chapman Avenue Exempt from recording fees piusuant to
Orange,Califomia,92866 Gov. Code Sections 6103 and 27383
Ptoperly Address: 151 N.ShafT'er Street
AT'N:386-071-OS
Mills Act Contract Number:395.0-21
HISTORIC PROPERTY PRESERVATIOI T AGREEMENT
MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT("Agreement'is made and
entered nito as of the date of execution by the City("Effective Date',by and between the CITI'OF
ORANGE,a municipal corporation("City"),and Ryan Malloy and Michelle Malloy,Trusteas of the
Ryan and Michelle Malloy Living Trust dated July 21, 2015 ("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 o vner promises to
preserve and rehabilitate die property in return for a potential reduced property tax assessment;and .
WEIEREAS, the City of Orange has established Historic Districts consisting of the Plaza
Historic District, listed in the National Register of Historic Places;tlie 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 die 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 ofproperiy values through
maintaining and upgrading its olderhousing stock,through the use ofincentives such as the Mills Act;
and
WHEREAS, the Mills Act also has beueficial effects on City businesses, econonuc 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 Ciry's 2010 General
Plan Cultural Resot rces Element;specifically,
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https:!/gs.secure-recording.com/Batch/Confirmation/12596674 1/2
12/2/21,2:28 PM Batch 12596674 Confirmation
Provide incentives and expand education efforts for historic preservation"(Goa13,0,CR-
22);and
WHEREAS,Owner possesses fee simple title in and to that certain real roperLy,together with
associated structures aud improvements diereon,located at 151 N.Shaffer Street in the City of Orange,
County of Orange, State of California, having Assessor's Parcel NLunber 386-071-OS and ruore
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 ox is A contributing property within a designated district which is listed in the National
Register of Historic Places, California Register of Historical Resotuces or Register of Historical
Landmarks,California Point of Historical I lterest,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
properiy taxes pursuant to the provisions of the California Revenue and Taxation Code;and
WHEREAS, it is the City's expeceation that the Owner wi(1 use the property tax savings
accnzed wider this Agreement for unproveinents 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 aplan for improvements commensurate with the tax savings;aud
WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this
Agreement to li.mit the use of the Historic Property to prevent inappropriate alterations,to ensure that
characteristics of historic significance are pxesarved 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 (couimencing witli Section 439) of
Chapter 3,PArt 2 of Division 1 of the California Revenue and Taxation Code.
AGREEII ENT
NOW, THEREFORE, both Owner and City, in consideration of tlie mutual promises,
covenants and conditions contained herein a id tlze substantial public benefits to be derived therefrom,
do hereby agree as.follows:
1. APPLICABLE LAWS. Tlus Agreenient is made pursuant to California Government Code
Sections 50280 through 50290 and Article 1.9(cotn cencing with Section 439)of Chapter 3,Part
2 of Division 1 ofthe California Re enue and Taxation Code and is subject to all ofthe provisions
ofthose statutes, To the extent any of the provisions in this Agreement are inconsistent with the
aforernentioned provisions of the Government a id Revenue and Taxation Codes, they are
snperseded by those Code Sections,
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2. ASSESSMENT OF VALUATION. Properiy tax relief afforded to Owner pursuant to Chapter 3,
Part 2 of Division 1 of the Califorriia Revenue and T ation 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 defming features include, but are not
necessarily limited to,the general architectural form,sryle,materials,design,scale,details,mass,
roofline and other aspects ofthe appearance of the exterior ofthe 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 Secretcrry of the Interior's Standards for Rehabilitation (E ibit B and City's minimum
maintenance standards (E ibit C , attached hereto and incorporated herein by reference, shall
constitute the minimum standards and conditions for preservation and rehabilitation of the Historic
Proper y, and shall apply to the Historic Property throughout the term of this Agreement. Owner
shall,where necessary,rehabilitate the Historic Properiy to conform to the rules and regulations
of the Office of Historic Preservation of the California Department of Parks and Recreation, the
Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne and Eichler
Design Standards.
As consideration for the Ciry to enter into this Agreement,the Owner agrees, at its own cost and
expense,to complete,or cause to be completed,the work or improvementis described in E ibit 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 a11 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
tha 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 a11 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 Properiy is in violation of
any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agees 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
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Effective Date of this Agreement. The annual report sha11 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 E ibit 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 fi-om 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 tenns detailed below.
6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this
Agreement shall be from November 9, 2021 to and including November 9,2031.
7. AUTOMATIC RENEWAL. On each yearly anniversary ofthe 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 Ciry at least ninety(90)days,or
by City to Owner at least sixry (60) days prior to the renewal date, one year sha11 automatically
be added to the term ofthe 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 Ciry
Council with any information which the Owner deems relevant;and shall furnish the Ciry 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 pariy 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.
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11.UPDATE OF IMPROVEMENT SCHEDULE. At least ninety(90) days prior to the tenth(lOtn)
anniversary of the Effective Date of this Agreement, and ninery (90) days prior to every tenth
lOth)anniversary thereafter,Owner shall provide City witli 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
1,0) years of the Agreement and a schedule for the construction of such improvements. Within
thiriy (30) days after the City's receipt of said updated schedule, the City's Director of
Communiry Development shall either approve or disapprove such proposed schedule ofproposed
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 die progress
in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner,and each of them,represent and declare
that in executuig this Agreement he/she/they have relied solely upon hislher/their own judgment,
belief and knowledge, and the advice and recommendations of his/her/their own uidependently
selected counsel,concerriing the nature,extent a id duration of his/her/their rights and clauns,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 properry,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 ofthe Ciry within thiriy(30)days from the receipt ofthe 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 Ageement, 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 tlie 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
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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 r.emedies. 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 h ld a public hearing as required by Government Code Section 54285.Notice of
the hearing shall be mailed to the last known address of each owner of property within 300 feet
of the Historic ProperLy and shall be published in accordance with Government Code Section
6061.
16. CANCELLATION FEE. If Ciry cancels this Agreemerit in accordance with Section 15 above,
Owner sha11 pay a cancellation fee of twelve a id 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,sha11 be deemed receipt of the notice.
City of Orange Ryan Malloy and Michelle Malloy
Attn.: City Clerk 159 N. Shaffer Street
300 E. Chapman Avenue 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
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.
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19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is fmally determined
this Agreement does not constitute an enforceable restriction within the meuung of the applicable
provisions of the California Government Code and the California Revenue and T ation 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 domaim 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 Properiy included
in this Agreement sha11,without further agreement of the parties, be reinstituted and the terms of
this Agreement sha11 continue in full force and effect.
21. EFFECT OF AGREEMENT. None of the ter ns,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 sha11 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.REQUIREIVIENTS RELATED TO TRANSFER OF HIST4RIC PROPERTY. In the event ofany
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}. I i addition, the Owner vid the
proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer
of the Historic Properiy an assignment and assumption agreement in a fonn satisfactory to die
City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s)has
ha e) assumed the Owner's obligations set forth in this Agreement: Upon the Transfer of the
Historic Property and the assumption ofthe 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. RE.CORDATION. City shall record a copy of this Agreement with the.Office of the County
Recarder of the Coiuity of Orange.
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and
recorded instrwnent executed by the parties hereto, except that the Director of Commi.uiity
Development is authorized to amend the list of required projects in Exhibit D.
26. COL]NTERPARTS. 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 A,greement and re-attached to anv
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 hav the authority to issue interpr tations,waive provisions and
enter into amendments of this Agreement on behalf of the Ciry 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 E ibit D.
All other waivers or amendments shall require the written approval and consent of the City
Council.
Remainder ofpage i tehtionally left blank;signatures on ne.xt pageJ
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1N WITNESS WHEREOF,the City and the O'wner have executed this Agreement.
OWNER"
Dated: 11. 2021
yan M lloy, Trustee
J r-
Dated: 1 2021 CM
Michelle Mallo Trustee
CITY"
CITY OF ORAN ,La municipal corpor ti
Dated: O 2021 By:
Mark A. Murphy
Mayor
T: APPROVED AS TO FORM:
Pamela Coleman Mary E. Bi ' g
City Clerk Senior Assis ant City Attorney
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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 '0.Y e
On 3 before me,ra tie. c' \V" r l I'
Date Here Insert ame and Title of the Officer
personally appeared r h
Nam of Signer s'
who proved to me on the basis of satisfactory evidence to be the person j whose name(" is,a e-
subscribed to the within instrument and acknowledged to me that he/s#ef#f ep-executed the same in
his/ei-authorized capacity(aes},and that by hisH er tf eirsignature j-on the instrument the person(;
or the entity upon behalf of which the persor 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.
4a•. Notary Public-California ZK „ '
Orange Counry a t
gE Commission 2283155 Signature
My Comm,Exp res Apr 24,zoz3 Signat f Notary Pu '
Place Notary Seal Above
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Though this section is optional, completing this informatron can deter alteration of the document or
fraudulent reattachment of this form to an unintended document. (-
Description of Attached Docum nt
Title or Type of Document: S C-Document Date: g --I
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Ci i ed y Signer(s 1
Sign r's Name: r • rph l Signer's Name:
r' orporate Officer — Title(s): '`/o!or u Corporate Officer — Title(s):
Partner — Limited General— Partner — Limited neral
Individual Attorney in Fact Individual rney in Fact
Trustee Guardian or Conservator ii Trustee Guardian or Conservator
C Other: Other:
Signer Is Representing: t o a Sign Representing:
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ACKNOWLEDGEMENT
A riotary public or otlier 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 O(i N G E
On °I' before me, 2 .''`"' 9`"i1 I'`
a Notary Public in and for the State of California,personally appeared
N el
who proved to me on the basis of satisfactory evidence to be the person whose name($)is/a subscribed to
the within instrument and acknowledged to me that he/s executed the same in his/li authorized
capacity j,and that by his r signature(s on the instrument the person(,or the entity upon behalf of
which the person(acted,executed the instrument. .
I certify under PENALTY OF PERJLJRY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
F ZAK ILMUDEEN
COMPlI.#2325649 M
g Notary Pubiic-California NLL =°' .+. ORAfVGE COUNTY LL
Signature Seal)CIFOFN My Comm.Expires Mar29,2024
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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 tntthfulness,accuracy,or
validity of that document.
State of California
County of R S E
9g I 3 L before me, 1 --r !" +"'J
a Notary Public in and f,Or th State of C lifornia,personally appeared
1_ `1 G r`2i e 1"\2 1O
who proved to me on the basis of satisfactory evidence to be the person)whose name(is/a subscribed to
the within instn ment and aclrnowledged to me that/she/ executed the same in/her/t authorized
capacity(i,and that by/her/t-signature(on the instnunent the person(,or the entity upon behalf of
which the person)acted,executed the instrument.
I certify under PENALTY OF PERNRY under the Iaws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
HF ZA6(ILMUDEEIV
o 'g COMM.#2325649 c
LLr - "'w iVotaryPublic-California
ORANGE COUNTY LLSigIlatuieSeal) y Comm.Fxpires Mar29,2024
10
EXHIBIT"A"
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFO1tNIA,DESCRIBED AS:
Lot 50 of Henry Grote's Addition to Orange,in the City of Orange,County of
Orange, State of California, as per map in Book,25 Page 17 of Miscellaneous
Records,in the of ce of the County Recorder of Said County.
APN 386-071-OS]
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EXHIBIT "B"
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION -
1. Every reasonable effoit shall be made to provide a compatible use for a property, which requues a
minimal alteration of the building structure, or site and its environment, or to use a property for its
originally intended ptu-pose.
Z. The distinguishing original quatities or character of a buifding, 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, sttuctures, 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 huilding,structure or site and its en airanment.These changes may ha ae 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 sha11 be repaired rather than replaced,wherever possible.Inthe event
replacement is necessaty, the new material should match the material being replaced in composition,
design,color,teature,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
adjacentto,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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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 ofthe unmediate 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,stbves,refrigerators,cans,containers or sunilar 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.
r
13
EXHIBIT"D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
Attached.]
i
j
14
I
EXHIBIT "D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
151 N. Shaffer Street
Prioritv Descri tion of Work Cost Estimate Com letion Date
1. Foundation repair, including installation of $8,500 2021
building code-compliant foundation piers and
repair of subfloor sheathing.
2. Replace existing knob and tube electrical $15,000 2021
wiring with new building code compliant
wiring throughout the house.
3. Termite treatrnent and repair as recommended $7,970 2021
in the termite inspection report dated
7/1/2021.
4. Repair plumbing leaks in the bathroom, $5,000 2021
including repair of drywall and mold
abatement.
5. Paint exterior of the house. 9,000 2021
6. Hire an architect. Yo design and constn ct. a $30,000 202.2.
historically appropriate front porch for the
residence; to replace an existing non-historic
tile patio, in compliance with the Historic
Preservation Design Staredards for Old
Towne.
7. Replace roof with a new composition shingle $10,000 2025
roof system.
TOTAL 85,470
EXHIBIT"E"
HISTORIC PROPERTY INVENTORY FORM(DPR 5231
Attached.]
1
15
i State of Califomia-The Resources Agency Primary# 1C-159558
i
DEPARTMENT OF PARKS AND RECREATION HRI#95
il
PRIMARY RECORD Trinomial
I NRHP StaWs Code
Other Listings:
I
Review Code: Reviewer:Date: i
Page 1 of 3 Resource Name or#:1_,1 APN 386-071-05
Assigned by Recorder)
P1.Other ldentifier.
P2.Location: ' Not for Publication ii Unrestricted
8.COU11: a d (p2b and P2c or P2d. Attech e locetion mep es necessery.)
b.USGS 7.5'Quad: Date: T ; R ; 1/4 of 1/4 of Sec ;B.M.
a,A..m..y.
C.Addfe55: 151 _N SHAFFEF Clty: +??q, Z P: ,° '
M.,e_ -.. . .
d.UTM: (Give more ihan one tor large end/or Ilneer resources)ZOf1E mEl mN
e.Other Locational Data:
PHS.D2SCS1pt40SL'.l yc hbe iescmte inid'Astrrti u tAernerAs.hickude i5esyri,nrelet'rt'n,ctn Hiui,NAeidiivr s,s'2e,sNt'nry,tnrdLwfiis iies.CuAvroes ui^ry.'
Materlals: Frame - Wood siding
A inyle-story house with shipla siding and single, P.ont-facing gable roof. No porch is present, but
the high, narrow windows' inner-framing dePine the house as being from the Victorian Period. Since the
1982 survey, this structure has been appropriately altered.
P3b.ResourceAttributes: (xe2)--si,qle family property
Listattributesandcodes) .,.... .,,.> ......... . . . . . . . . . ..,,...:. :....:..,.,... .. . ... . .. . ._. ..
P4.Resources Present: Building j Structure ] Object Site d Element of District District [_Other Qsolates,etc.)
n• ' :S• ?N ,,.:,:
P5b.Description of Photo: oo:
a,t '
a, w'- o.r vew,dete,eccesslon#)
h f i '•.'. .1 • 4 P6.Date Constructedl Age and Source:
1;d;
f.
r'o j Historic i Prehistoric " Both
r f .,"1 `F'"7
i..
4:•' {P7.Owner and Address:
R i;
d v
i:,-
i .--._. + i
x •P8:Reco ded by: Neme,effilietlon,end eddress)
D. GesY., P. LaValley, D.
h,Y' t'
r*+i rc h^ ,a° ars.imr,ro
aA . sr ir 16L'.
f!?`. '!y+C,
a #,'
Chattel Architecture
a+a.i- '''ak:t`,:.o
13417 Ventura Blvd.
ars.,
i - - .; „y,.` Sherman Oaks, CA 91923
k..
af as.. "'-
P9.Date Recorded:
P.R2(10f1'.It8110f1: ,;;ii25urvey,epohantlo herwurces.orenter"none.' A[ril 2C'c5
r,i,c ',ur,t :>e sur Fecurds (ZOOSj . Ci attel Architecture (20US)
ii:>t ric Re .:ce Survey. AEGIS (19 1) Hiotoric Suilding Invt i r ry *p10.SUNeyType: oescribe
Upd:it. Heritage Orange Counry, Inc. (1 a ' ranqe Hi t ,ric . iv y.nais.,,n.
Attachments: NONE Location Map Continuation Sheet(s) J Building,Structure,and Object Record
I Archaeological Record I...l District Record Linear Feature Record Milling Station Record I_ 1 Rock Art Record
Artifact Record Photograph Record j=j Other(List):
DPR 523A(1/95) Required Information
State of Califomia The Resources Agency r r Pnmary# , 30 159588
DEPART'MENT OF PARKS AND RECREATION HRI#03895 4 „
a x s
BUImLDING FSTRUCTURE''ANDOBJECT'_RECORD "NRHPStatusCode1 zp a ,
r i v
I
Page 2 of 3 ResOufce Name o#:SHAFEER_N_151_APN_386-071-05
Assigned by Recorder)
B1.HlstoPlC Name: Henry and Wilhelmine Grote House (1887),
62.Common Name:
B3.Original Use: RES B4.Present Use: RES
B5.ArChltectUral Style: Gothic Revival
BB.CO St UCtlO HIStOfSI:(Construetion date,etleretlons,end dete oTalterelions) Date of Construction: 1887 0 Historic Prehistoric Both
Since the 1982 survey, this structure has been appropriately altered.
B7.Moved? No Yes Unknown Date: Original Location:
88.Related Features:
B9.Architect or Builder: unknown
B10:Significance: Theme: Architecture ,tUea; City of orange Property Type: Residence
PeriodofSignificance: old Towne: Ear1y settlement (c. 1e7o - 1920)ApplicableCriteria: AC
Discuss(mportence ln terms ot historicel or erchitecturel conteM es defined by theme,period,end geogrephic scope.Also eddress integrity. Continues on Pg.4.)
StfuCtufall t2gflty: cellent Condition - Minor and reversible or appropriate changes to original structure
Site Integrfty:
Opportunities:
The house was originally owned by the Grote family, of whom Mr. Grote was the co-proprietor of the Ehlen &
Grote Store in town. The Grotes resided in this house while they were waiting for their larger home at
169 N. ShafFer (See DPR form for more information} to be built just a few doors away.
B11.Additional Resource Attributes: usc enributes end codes
B12.References:
Orange Daily [Vews.
B13.Remarks: conso es oo P9.s.ske ch MaP wim Nortn arrow reqWred.
Status change since 1991 Survey: None.
Sty1e previously noted in 1991 Survey as: Vernacular Pioneer.
B14.EValuBtor: - Robert Chattel
Date of Evaluation: september, 2005 ,
7his spece reserved for ciel comments.)
DPR 5236(1/9 Required Information
State of Califomia-The Resources Agency Primary# 3i1-159 88
DEPARTMENT OF PARKS AND REGREATION HRI#3°4
CONTINUATION SHEET Trinomial
Page 3 of 3 Resource Name or#:N i:r;_: ,N `:- -.._
Assigned by Recorder)
Recorded by:
D. Gest, P. LaValley, U. Matsumoto DetE RECOfdEd: Apri1, 2005
Chattel Architecture
13917 Ventura Blvd. Continuation _ Update
Sherman Oaks, CA 91923
Years Surveyed: 1982, 1991 20o5n ztr
Description of Photo: `;'"'-
Listed in National Register: 1y9
General Pian:LDR #of Buildings: 1 ,,
Planning Zone: R-2-E #of Stories: „ 1
m..,.,,.
Lot Acre: 0.164 9 #of Units: w. "
d,. . _ x '
Principal Building Sqft: 1 2 k.
B6.Construction History(Continued from Pg.2}:
r:'
4' ` .
b.'t _ w ...'l.i.:.... ;is, ,' j A" . , °p ..
B13.Remari<s(Gontinued from Pg.21: W . .,,,y.a,,.,y,;e . ,t_
i
s.. v., . n.__ . . . ,
P3a.Description(Continued from Pg.1):
DPR 523L(11/98) Required Information
EXHIBIT "F"
CERTIFICATION OF TRUST
Attached.]
CERTIFICATION OF TRUST
California Probate Code Section 18100.5)
In conjunction with the Historic Property Preservation Agreement (Mills Act Contract)
between the undersigned and the City of Orange,Ryan Malloy and Michelle Malloy, trustee(s) of
the Ryan and Michelle Malloy Living Trust declare and confirm the following facts:
1.The Ryan and Michelle Malloy Living Trust is currently in existence and was created on
July 21,2015. Said trust has not been revoked,modified, or amended in any manner which
would cause the representations contained herein to be incorrect.
2.The settlor(s) and/or trustor(s) of the trust are Ryan Malloy and Michelle Mailoy.
3.The currently acting trustee(s) of the trust is/are Ryan Malloy and Michelle Malloy.
4.The power of the trustee(s) includes the power to encumber the trust property with the
property preservation and rehabilitation restriction contained in the above-mentioned
Historic Property Preservation Agreement.
5.The trust property currently includes that certain real property, together with associated
structures and improvements thereon, located at 151 North Shaffer Street, Orange CA
92866 in the City of Orange, County of Orange, State of California, Assessor's Parcel
Number 386-071-05.
This certification is being signed by all of the currently acting trustees and is being executed in
conformity with the provisions of California Probate Code Section 18100.5.
Dated: I I 1 Trustee: ,'"l N E-L
i Name)
Trustee: i Cl l 1 1
Name)
Notary acknowledgement]
ACKNQ.WLEDGMENT
A'notary publie or other officer c mpleting this
certificate verifies only the.identity of the indiviclual
who signed the docrimerrt to which this certificate is
attached,arid riot the truthfulness, accuracy, or
vafidi of that docurtierit.
Sfiate af CalifQrnia
C`ou nty bf 6 ''
On SS l30 2.oZ1 before ine,. Z ``• 0'1 I l
insert name and title of the.oificer)
personally appeared "" 211`1 n d I e I )" zl1o
wha proved to me on the basis.of satisfacto.ry evidence to:be ttie person s whose name s}is/are
subscribed to the within instrument and aGknowledged to me that#/ttiey executed the same in
their authorized capac'rty ie, and that by rltkieir signatuce s on the instrumenf the
person's,or flie entity upon behalf of which the pe son s,acfed, executed the instrument.
1 certrfy under PENALTY OF PERJURY under the laws af the State af California fhat tlie foregoing
paragraph is true and orrect.
9E'..`-°.`'F ZAK ILMUDEEN
WITNESS my hand and afficial seal o''"`"" COMM.#2325649 M
Notary Public-California
LL ORANGECOUNTY LL
o' My Comm.Expires Mar29,2024
Signature Seal),