AGR-7294 - ADRIAN AND THUY TURNER - MILLS ACT CONTRACT - 3810 E FERNWOOD AVENUE - MAC 398.0-2112/2/21,2:32 PM Batch 12596781 Confirmation
Recorded in OFficial Records,Orange County
Hugh Nguyen,Clerk-Recorder
II I I II IIIIIIII II II IIII II I I II NO FEE
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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:3810 E.Fernwood Avenue
APN:094-462-03
Mills Act Contract Number:398.0-21
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT("Agreement"}is made and
entered into as of the date of execution by the City("Effective Date"),by and between the CTTY OF
ORANGE,a municipal corporation("City"),and Adrian Turner and Thuy Turner,as Trustees of The
Adrian Turner and Thuy Turner Trust of 2014("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 IVational 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 ofproperty values through
maintaining and upgrading its older housing stock,through the use of incentives such as the Mills Act;
and
VVHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability
and community pride by preserving important neighborhood historic resources;and
WHEREAS, the use of the Mills Act will fulfill one of the goals of the City's 2010 General
Plan Cultural Resources Element;specifically,
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https://gs.secure-recording.com/Batch/Confirmation/12596781 1/2
12/2/21,2:32 PM Batch 12596781 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 property,together with
associated structures and improvements thereon,located at 3810 E.Fernwood Avenue in the City of
Orange, County of Orange, State of California, having Assessor's Parcel Number 094-462-03 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 Milis 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 mutuaI 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 ofDivision 1 ofthe California Revenue and Taxation Code and is subject to all ofthe 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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2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3,
Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by
the Orange County Office of the Assessor.City makes no representations regarding the actual tax
savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic
Property and its character defining features. Character defining features include, but are not
necessarily limited to,the general architectural form, style,materials, design, scale, details,mass,
roofline and other aspects of the appearance of the exterior of the Historic Property.For purposes
of identification of the Historic Property, the City's Official Historic Property Inventory Form
DPR 523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B and City's minimum
maintenance standards (Exhibit C , attached hereto and incorporated herein by reference, shall
constitute the minimum standards and conditions for preservation and rehabilitation ofthe Historic
Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner
shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations
of the Office of Historic Preservation of the California Department of Parks and Recreation, the
Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne and Eichler
Design Standards.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and
expense,to complete, or cause to be completed,the work or improvements described in Exhibit D
within the times established therefore in Exhibit D. The Owner shall secure any and all permits
which may be required by the City or any other governmental agency affected by the construction
of the work or improvements. The Owner accepts responsibility for and shall be responsible for
identification of and compliance with all applicable laws pertaining to the construction and
installation of the work or improvements described on Exhibit D and the contract or contracts
pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold
the City harmless with respect to, any consequences of any failure by the Owner to correctly
determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing,the Owner hereby agrees to and will comply with all applicable local,
state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and
other requirements of governmental authorities now or hereafter in effect ("Applicable Laws")
pertaining to the use of the Historic Property. Owner must give the City immediate written notice
on Owner's becoming aware that the use or condition of the Historic Property is in violation of
any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by
prior appointment, of the interior and exterior of the Historic Property by the City at a minimum
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 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 E chibit D for the
twelve month period preceding each anniversary of this Agreement, and whether the Historic
Property has undergone any changed conditions, and whether Owner has received any public
funds from other sources designated for the preservation or maintenance of the Historic Property
and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover
administrative costs associated with this Agreement including but not limited to the reasonable
cost of monitoring the Historic Property,performing required inspections,and enforcement of the
Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning
Division upon demand and prior to any required inspection.The amount of the annual inspection
fee shall be established by the City and may be revised from time to time,which fee shall be set
forth in the City's Master Schedule of Fees and Charges. Failure to pay the required fee within
45 days of the due date will be considered a willful breach of this Agreement and may result in
cancellation of the Agreement in accordance with the cancellation terms detailed below.
6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this
Agreement shall be from November 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 FLINDS. 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.
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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 ninety (90) days prior to every tenth
l Ot")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 ofthem,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.
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
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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 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 The Adrian Turner and Thuy Turner Trust of2014
Attn.: City Clerk 3810 E.Fernwood Avenue
300 E. Chapman Avenue Orange, CA 92869
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 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 ofthis 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, 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 Properly("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.
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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. COiJNTERPARTS. 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 Erchibit 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 pageJ
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement.
OWNER"
Dated: a , 2021
Adrian Turner,Trustee
Dated: Z 2021
T u urn , rustee
C»
CITY OF ORANG , a municipal corporation
Dated: 30 ,2021 By:
Mark A. Murphy
Mayor
ST: APPROVED AS TO FORM:
1'
Pamela Coleman Mary E. Bi ning
City Clerk Senior Assistant City Attorney
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dildOf P R10 1 L-19f1 C S /6SGt9 lAI.1 7 Qd1f CIVIL CODE§ 1189
sr;c,=cr x r.:r sau.r.cx^^,=o r.:r.-.-:.-.-.-.- - - -
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_Q Uv101
On a- before me, a.11 1 v-a `vo'qr J,'
Date Here Insert Name and Title of the Officer
personally appeared I` lo rl' A l-Iti I 11J Y',P'N
Name of Signer(
who proved to me on the basis of satisfactory evidence to be the person whose name s`j is/e—
subscribed to the within instrument and acknowledged to me that hefs ief#ieq executed the same in
his/r authorized capacity(.i j, and that by his ir signature(gj on the instrument the person(a,
or the entity upon behalf of which the person} 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.
o,_,SALLYR.TREJO WITNESS my hand and official seal.Notary Public-California
i I:^ ::;. =Orange County
Commission;2283155
My Comm.Expires Apr 24;2023 Signature
Signat f Notary Pub '
Place Notary Seal Above
OPTIOWAL
Though this section is optional, completing this informatron can deter alteration of the document or
fraudulent reattachment of this form to an unintended document. 'Cr,'(—'7a 1)
Description of Attached Doc_ u,ro
Q Title or Type of Document: r1 n 1r+ Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed y Si ner(s)
Signer's Name: r ur Signer's Name:
Corporate Officer — Title(s): V Corporate Officer — Title .
Partner — Limited General Partner — _ Limited General
Individual Attorney in Fact Individual ttorney in Fact
Trustee Guardian or Conservator ii Trustee Guardian or Conservator
G Other: Other:
Signer fs Representing: o aY Signer Representing:
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02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
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 California
County of
On__ , 2N 20-1 before me,ns r,ri4 ( l.6rr. . I Q``wt Q btiG ,
a Notary Public in and for the State of California,personally appeared }rAa tG 1'+`
Tl,a'6In i 9 w,r.w"
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.
WIT'NESS my hand and official seal. a AUGUST ANGELO OCAMPO MORELOS4•_°ry
Not ry Public-California
z ? .,•,b• Orange County n
Commission N 2245020
My Comm.Expires Jun 3,2022
Signature Seal)
J
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EXHIBIT"A"
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA,DESCRIBED AS:
Lot 112 of Tract No. 3545, in the City of Orange, County of Orange, State of
California, as shown on a map thereof recorded in Book 125, Pages 1 to 5
inclusive, of Miscellaneous Maps,in the office of the County Recorder of said
County.
APN 094-462-03]
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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 ofmissing 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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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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EXfIIBIT"D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
Attached.]
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EXHIBIT"D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
3810 E. Fernwood Avenue
Priority Description of Work Cost Estimate Completion Date
Repair roof leaks and apply white silicone $18,500 2024
sealer over entire roof. Replace existing
deteriorated skylights. Strip paint from
skylight wells and stain to match original
condition
Bathroom restoration: 14,000 2025
Replace bathrooms w/original cabinets
Replace bathroom tub and tile w/original
matching tub and tile
Strip paint from chimney and restore to 2,000 2026
original condition
Maintain and repaint exterior beams and 2,500 2026
trellis
Replace deteriorating siding and trim on east $9,500 2027
and west side of house and in atrium due to
sun and weather damage
Paint siding and trim as necessary 4,000 2027
Replace existing deteriorating air 3,500 2027
conditioning unit and furnace
Repaint exterior of house 7,500 2030
TOTAL 61,500
EXI IT"E"
HISTORIC PROPERTY INVENTORY FORM(DPR 523)
Attached.]
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State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI#
PRIMARY RECORD Trinomial oRA
NRHP Status Code 3
i Other Listings:
Review Code: Reviewer: Date:
Page 1 Of 3 RBSOUfC@ N81TIC OP#:FERNWOOD_E_3810_APN_099-462-03
Assigned by Recorder)
P1.Other ldentifier: Fairhaven Tract
P2.Location:Not for Publication d Unrestricted
a.CoUnty: Orange and (p2b and P2c or P2d Attach a location map as necessary.)
b.USGS 7.5'Quad: Date: T ; R , 1/4 of 1/4 of Sec ,B.M.
c.Address: 3810 - E FERNwoo AVE ,# City: oranQe Zip: 92869
d.UTM: Give more than one for large antl/or linear resources)ZO @ mE/ mN
e.Other Locational Data:
P$B.@SCI'IptlOfl: (Describe resource and its major elements.Include design,matenals,condition,alterations,size,setting,and boudnaries. Continues on Pg.3.)
Materials:
Model LA-81
P3b.ResourceAttributes: (xP2)--Single family property
List attributes and codes)
P4.Resources Present: d Building Structure Object Site Element of District District Other(Isolates,etc.)
P5b.Description of Photo: 2005
View,date,accession#)
P6.Date Constructed/Age and Source:
T 1 .. ' '' q .'r 4 /Y'
Cwf' •
t
y
1960 c
1 +
Historic Prehistoric Both
k .
e
4
P7.Owner and Address:
r f j, r_
I t '•i TMP8: Recorded b :ti(r Y (Name,affiliation,and address)
r Z 7arissa Moshier, Historic1 w
a'- irl`"! ' T
Preservation Planner
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
P9.Date Recorded:
P11.RCpOrt CIt8t1011: Cite survey report and other sources,or enter"none.")June 2 O 15
Orange County Assessor Records (2005) . Chattel Architecture (2005)
xistoric Resources Survey. P10.Surve T e'y yP • (Describe)
Reconnaissance
Attachments: NONE Location Map 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#e.,-., ..:... . .... . ....:.-.._..
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE,AND OBJECT RECORD "NRHP Status Code sn
Page 2 of 3 R@SOU CB N8I17@ O#:FERNWOOD_E_3810_APN_094-462-03
Assigned by Recorder)
61.Historic Name: Unknown
B2.Common Name:
B3.Original Use: xEs 64.Present Use:REs
B5.Architectural Style: Mid-Century Modern
66.COnSt uCtion Hlstory:Construction date,atlerations,and dateof alterations) Date of Construction: 1960 HiStO C P ehiStO iC BOth
B7.Moved? No Yes Unknown Date: Original Location:
B8.Related Features:
B9.Architect or Builder: Eichler xomes - Anshen & Allen
B10.Significance: Theme: Architecture Area: city of orange Property Type: xesidence
PeriodofSignificance: Eichler Tract (c. 1959 - 1965) ApplicableCriteria: c
Diswss importance in terms of historical or architedural conte#as defined by theme,period,and geographic scope.Also address integrity. Continues on Pg.4.)
Structurallntegrity: Excellent Condition — Low level of alteration as of 2005.
Site Integrity:
Opportunities
B11.Additional Resource Attributes: isc anribu es and codes
B12.References:
Orange Daily News. Eichler Tract Brochures and miscellaneous Eichler materials from the Orange Public
Library.
B13.RQrt18rkS: Continues on Pg.3.) Sketch Map wilh North artow required.)
Status change since 1991 Survey: Not previously surveyed.
B14.Evaluator: xobert Chattel
Date of Evaluation: September 2005
This space reserved for official comments.)
DPR 523B(1/95) Required Information
State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial ott
Page 3 Of 3 Resource Name or#:FERNwooD_E_3810 APN_094-462-03
Assigned by Recorder)
Recorded by:
Marissa Moshier, Historic Preservation Planner Date Recorded: June 2015
City of Orange
30o E. Chapman Ave. Q Continuation Update
Orange, CA 92866
Years Surveyed: 2005, 2015 Description of Photo:
Listed in National Register:
General Plan: L R #of Buildings: 1
Planning Zone: R-1-8 #of Stories: 1
Lot Acre: 0.182 #of Units: 1
Principal Building Sqft: 2536
66.Construction History(Continued from Pg.2):
B13.Remarks(Continued from Pg.2):
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 ty of Orange,Adrian Turner and Thuy Turner,trustee(s)ofthe
Adrian Turner and Thuy Turne 0 2014 declare and confirm the following facts:
1.The Adrian Turner and Thuy Turner of 2014 is currently in existence and was created on
October 31, 2014. 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 Adrian Turner and Thuy Turner.
3. The currently acting trustee(s) of the trust is/are Adrian Turner and Thuy Turner.
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 3 810 E. Fernwood Avenue in the City of
Orange, County of Orange, State of California, Assessor's Parcel Number 094-462-03.
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.
Z` 20 Dated: 1 Trustee:
ame) l Jl.mPi/
Trustee:N"" '
Name) 0-lo2tO c i rC.s.
Notary acknowledgement]
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
u..';,.fi yr:,-r.=i;a^`';'=a ns''':-"x t%'
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 attachetl,and not the truthfulness,accuracy,or validity of that document.
State of California l
County of D+'a(L j
On 1 1` I 2 1 before me, twl to l b G ,
Date Her•e lnsert Nam and Title of the Officer
personally appeared !'to 4N I 7'L' 4 e I u ; Ry j/yy'
Name(s)of igner(s)
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
45'
a. AUGUSTANGELOOCAMPOMORELOS paragraph is true and correct.f Notary Public-Californian =
Orenge CountyZ ; - WITNESS my hand an official seal.Commission#2245020
My Comm,Expires Jun 3,2022
G
Signature
Place Notary Seaf ar d/or Stamp ABove ature of otary Public
OPTIONAL
Completing this information can deter alteration of t document or
fraudulent reattachment of this form to an uninten ed document.
Description of Attached Document
Title or Type of Document: C" N
DocumentDate: 2 2+0 NumberofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Na
Corporate Officer—Title(s): o rate Officer— Title(s):
Partner— Limited General Partner— Limited General
Individual Attorney' ct Individual Attorney in Fact
Trustee G an or Conservator Trustee Guardian or Conservator
Other: Other:
Signer is Repr ting: Signer is Representing:
k:`a... . _ _ '-"1i i a?r-`,';5 a''.''ra.3.`'i:..,.-".a
02019 National Notary Association
M1304-09 (11/20)