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AGR-7295 - JOSHUA AND MICHELLE PARTINGTON - MILLS ACT CONTRACT - 819 E BRIARDALE AVENUE - MAC 399.0-2112/2/21,3:39 PM Batch 12599626 Confirmation Recorded in OFficial Records,Orange County Hugh Nguyen,Clerk-Recorder II III III II I III II I III I I III I II II NO FEE S R 0 0 1 3 3 7 5 2 3 7 S * A''-° 2021000731101 2:52 pm 12102121 RECORDING REQUESTED BY 399 RW9AA12 20 AND, WHEN RECORDED, o.00 o.00 o.00 a.00 s.00 o.00 o.000.aoo.00 a.00 MAIL T0: Clty Clerk C(ty of Orange 3Q E. Cl pman Avenue Exempt from racording fees pursuant to OrangQ,California,928b6 Gov. Cnde Sectiors 6103 and 27383 roperty Add 819 E.Brfardale Avenue APN:374r222-23 Mills Act Contwact Nwriber:399.0-21 HISTORIC I ROPERTY pRESERVATION AGR EMEfdT MILLSACT CONTRACT) THIS HISTORIC PROPERTY PRESERVATION AGREEMENT("Agreement")is madc and entered irr o as of the da e of execution by the City("Lffective Date"),by and between the CITY OF ORANGE, a municipal corporation ("City"), and Joshua K. Parting on and Michelle . Par nginn, husband and wife as Community Property with Right of Survivorship ("Owner"), with reference to the following: ftECITALS WHEREAS,the Mills Act(Government Code tian 50280 et9eq.) provides cifies with the oppordmity to cor tracfi witi owners of qualified hisb rlcal properties whereby the owmer promises roo preserve and rehabi litafie the properiy in reiurn far a poterrtial reduced property iax sment;and WHEREAS, the City of.Orange h established Historic DistricCs oonsisting of the Plaza Hisk+rtc Dis rict, lis6ed in the N tional Regismr of Hisbdric Places; the Old Towne Orange Historic Distric lis ed in the Na tional Regisder of Historic Places; the local Old Towne Orange His ric Distric#, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhiils, and airrneadow Hisboric DisCricts,designated by e Orange City Council;andii eCitydesiresto promote the charac6er,quality of life,and historic f tures of id Districls o iis citizens and visi ors;and W HE R AS,the City i dedic ed the pra ection and stabiliza tion of property values through main aining and upgrading i oick r housingstock,through thet seof incentive.ssuch asthe Mifls Act; a d WHEREAS,the Mllls AcC also has beneficial effecls on City i in ses, eoonomic stability and corrmunity pride by pr erving fmport nnt neighborhood his oric r sources;and WHEREAS,the use of the Mills Act will fulfill one of the als of the Ciry's 2010 General Plan Cul ural Resauroes Element;specifically, 1 https://gs.secure-recording.com/Batch/Confirmation/12599626 1/2 12/2/21,3:39 PM Batch 12599626 Confirmation Prpvide incentives and expand education efforts for historic preseivation"(Goa13,0,CR- 22)and WHEREAS,Owner possessee feesimple title in and to that c rtain real property,b gether with associa ed structur and improvernents thereon, located at 819 E. Briardale Avenue in the City of Or tge, Courrty of Orange, St te of California, having Assessor's Parcel Number 374-222-23 at d more sp ifically described in Exhibit A. which exhibit is att ched hereto and made a part hereof Historic Property); and WHEREAS,the His ric Property isa quallfied historical properly under the Milis Act in that it is priva ely owned property which is not exer pt from property 1 xxa on and is either: individually designa d or 1s a coratributing property within a d ignated district which is Hs ed in the National Regisfi r of Hisboric Plaoes, California Regis er of Historical R sources or Regis6er of Hi vrical Landmarks,CaliforniaPoinlsof His rical Interest,or isacoritributing property in a la;allydesignat i hlstoric dls rict;and WHEREAS, Owner, in oo,siderartion for abiding by the af this Agr ment shall be en itled to a r rnent of valuation of the Hisroric Property and eny oorresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxa tion Code;and WHER AS, it is the City's expectation that the Owner will use the property tax savings aocrued under this Agreement for improvements to the"H'istoric Property"(ss deff ned below).To tftat end; as a oondition of ren nral, the City wifl require a revised schedule of improvemenis every ten yearsshowing a plan for improvemen s urate with theiax savings;and WHEREAS, the City and Owner for thelr mutual benefit, now desire o enter in this Agrcement o Ifmit the use of the Hisboric Prdperty b p event inappropriate atterations,to ensure that charac eristics of hisboric signific nce are preserved nd mairrtained in an exe nplary manner, and to carry out the purpose of Article 12(commencing with Secction 50280)of Chapter 1,Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (oommencing with Section 439) of Chapfier 3.Part 2 of Division 1 of the California Revenue and Tax tion Code. AGREEMENT NOW, THEREFORE, bath Owner and City, in oonsideration of the mutual promises, wvenarrfs arid conditiorisovrrtained herein and thesubsi tial public benefi s fio be d rived therefrom, do hereby agree as fol lows: 1. APPLICABLE LAWS. This Agreemerrt is made pursuarrt to California Government Code Sectior 50280 through 50290 and Article 1.9(catYnencing with Section 439)of Cha ter 3,Part 2 0 Division 1 of the California Revenue d Taxaition Cale and issubject to alI of the provisiors of those sCadxtas. To the exfient any af the provisions in this Agree r eryt are fnconsis ent with the aforerr entioned provisior s of the Government end Revenue and Taxation Codes, they are superseded by those Code Sections. 2 https://gs.secure-recording.com/Batch/Confirmation/12599626 2/2 I r J 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuan#to Chapter 3. Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solefy by the Orange County Office of the Assessor. City matces no reprPsenta tions regarding the act al tax savings any person niay r lize by entering irrto this Agreem2nt. - 3. PR SERVATION OF PROPERTY. Owner agrees to preserve and mair ain the Hisb ric Properly and iis character defining f tures. Character defining f tures include, but are not necessar.ily limited to,the general ar hitectural form,style, rr terials,design,scale,det ils,mass, roofline and other of the app rance of the exterior of the His oric Property. For purposes of iderrtification of the.Historic Property, the City's Official Historic Property Inventory Form DPR 523) is aittached a's Exhibit E. , ' The Secretary of the Interior's Standards for Rehabllitation Exhibit B) and City's minimum J rrr intienance standards Exhibit C , aitt ched hereto and inoorparated herein by reference, shall constitute the minimum staandards and conditions for preservation and rehabi I itation of the His oric Property,and shall apply to the Histaric Property thrcx ghout the terrn of this Agreemen. Owner shall, where nece ary, rehabilit te the Historic Property to oonform o the rules and regulations of the Office of Historic F reservation of e California De rtrr nt of Parks and Recrea tion, the Secretary of the Interior'sStandardsfor R abilitation, the Califomia Historii l Building Code, and the City of Orange's Histaric Pre ervation D sign Standards"for Old Towne and Eichler Design Standarc. As oonsidera tion for the Cit to eriter in this Agreement,the Owner agre s, at ii own o t and expense,to oomplete,or caus to be oompleted,the work or improvemenis described in Exhibit D within the times estabtished therefore in Exhibit D. Ttie Owner shaN sec re any and all permits , which rr ay be requi red by the City or any Qther gover tal agency affected by the constn tion of the work or improvemenls. The Owner aocepls responsibility for and shall be respor ible for identific tion of and oompliance;with all applic ble laws pertaining ta the construction and , installation of the work or improvc nents describ tf on Exhibit D and the oontract or oontracCs 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 c or sequence5 of any failure by the Owner to oorrectly determine e applicability of any such require.rnenls to any oontra t h/sh fthey enter into. In addition to the foregoing,the Owner hereby agree.s to and wil l c mply with al l applicable local, sta Ce,,and'federal statutes, regulations, rules, oafe (including buifding oodes), ordinanc, and other requiremenls of govemmental authorities now or hereafter in efFect ("Applicable Laws") pertaining to the e of the Historic Property Owner must give the City immediate written nofice 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 ex ninatior, by prior appointrr entA of the interior and exterior of the Historic Property by the Ci ty at a minimum every five(5) y rs during the Agreerr nt berm to defiermine Owner's oompliance with the tem s and provisior of this Agrec nent. Owner agr s to provide the City with a report as to the st us of the Histaric Property\ annual y within thirty (30) days following each anniversary of the 1 3 i i 1 1 i Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City's Historlc Preservation Planner or in hisJher alxsence the Director of Community Development that Owner has oompleted the work required by Exhibit D for the twelve rrronth period preceding each anniversary of this Agreement, and whether the Historic Properly has undergone any changed conditians, and whether Owner has received any public funds fram other source.s 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 ahnual fee to oover , administrative co ts ocia ed with this Agre nent including but not limited to the r sonable c ostof monitoring the Hismoric Property, performing required inspections,and enforcementof the Agreement: Said fee shall be payable to the City of Orange and shall be remiited to the Planning Division upon demand and prior to any required inspecction.The arnount of the annual ir pection fee shall be e ablisheci by the City arid 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 bre h of this Agreernent and may re,sult in car cel lation of the Agreement in a oo dance with the cancellation temns detai led below. 6. TERM. fhe term of this Agreernent is for a period of ten (10) years. The initia) term of this Agreementshall be from November 9.2021 to and including'November 9. 203'I. 7. AUTOMATIC RENEWAL. On e ch yearly anniversdry of die Effective Da te of this Agreem rrt renewal clate"), one year shall t added aufi matically to the initial term of this Agreement, unless notioe of non-renewal is given_provided in this Agr nt. 8. EFFECT OF OUTSIDE Fl1NDS. .If O,wner receives funds designated for the preservation or maintenat ce of the Historic Property from any other public agency,this Agre nent shall not be r ewed exoept upon the vote of the City Council. i i 9. NOTICE OF NONRENEWAL. If in any year either the Owner ar City de.sires not to renew this Agreeme nt,that party shall se ve writter notioe of nonrenewal o the other rty'in advance of the annual renewal d te. Unless the notioe is served by Owner to City at I ast ninety(90)days,or by City to Owner at least sixty (60) days prior to the renewal date, one'year shall automatically be added t 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 profiest. Upon receipt of ch a protest the City Council shall's t a hearing prior to the expiration of the renewal date of this Agreennent or toll'the renewal date until such h ring can r or abty held. Owner rrray furnish the City Councif.with any-information which the Owner d 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 y r either rty serves notice of intent not to renew this Agr ment, this Agreernent shall remain in effect for the baiance of the period rerr ining since the original execution date if not yet renewed, or the last r ewal date of the Agreement, as the r.ase may be. 4 1 I r I i 11. UPDATE OF IMPROVEMENT SCHEDULE. At le st ninety(90)days prior fio the tenth (10') , anniversary of the ffective Da e of this Agreernent,'and ninety (90) days prior to every tenth 10th) anniversary ther fter, Owner shall provide City with an updated schedule ofi rehabilitation maintenance items for the City's review and approval. Such updated schedule shall contain a list of proposed improvemenis and/or'revisions to be a000mplished during ti e next sua.eding ten 10) years of the Agreement and a sch fule for the constn ction of such improvemenis. Within thirty (30) days after the City's receipt af said updated schedule, the City's Director of Community Developmen#shall either ap'proveor disapprovesuch proposed scheduleof proposed improvemenis or shali respond in writirzg by st ttin,g what further infomiation, if any, the City rem onably requires in order to deterrnine the request cornptete and defiermine whether or not to grant the request d approval. Upon receipt of such a response,the Owner shatl promptly furnish to the City such further inforrnatian as may be r onably requested. From time to time, at the request of the City's Director of Community Development (or.his/her ' authorized r resent tive),the Owner sha11 meet and confer with the City's Planner for Historic Preservartion or in his/her absen e the Direc tor of Comrnunity Development(or hisJher designee) regarding matters arising hereund rr with respe t to the work and improvemenis and the progress in construc ting the sarne. 12. INDEPENDENT ADVICE F COUNS L. The Owner,and each of th'n, representarxl declare that in exearting this Agreer,r ent helshe/they have relied solely upon his/hedtheir own judgment, belief and knowledge, and the advice and reoornrnendations of_.his/heVtheir own independently seleci d oounsel,conoerning the nature,extentand duration of hislher/their righis and claims,and' that he/shelthey have not been influenced to any ext nt what oever in executing the same_by the City or by any person representing the City. 13. ENFORCEirAENT OF AGREEMENT: If the City determines theowner has breached arsy of the oonditior of the Agreement provided for or has allowed the property to deteriorate to the point it no longer mee s die slarxlards for a qualified historical property,the City shal I either cancel the Agreement or bring any action in oourt nece ary to enforce the Agre nt including, but not limited to an action to enforce the Agreement by specific perfom ance o cure,oorrect or remedy l any breach of the temis of this Agreanent, to reoover damages for any breach, or to obtain any other r nedy consistent with the purpome of this Agre rr ent. In the event of a default under the , provisions of this.Agr ment by Owner, City shall give written notioe 1 Owner specifying the al leged grouncl for the default.Said notice shal I be given by registered or certified mai I addr l to the address s4ted in this Agreement If such violation(s) is not oorrected tio the reesonable satisfaction of the City,within thirty(30)days from the r eipt of the noticeof violation,or within such reasonable time may be requi red to cure the breach or default, provided that acls to cure, oorrect or remedy such breach or default are oommenced within thirty (30) days and ther fter diligerrtly putsued to completion,then City,may,withoutfurther notice, institute legal action. Exc pt as otherwise expre sly stated in this Agreement,the righis and-remEdies of the City are cumulative, and the exercise by the City of one or more of sicch rights or r nedies shall not preclude the exercise by it, at the same or different tim s, of any other righis or remedies for the sarrre default or any other defa lt by the Owner. Any failure or delay by the City in a setting any I I i4_ ' 5 of its right and remedies as to a breach of any of the covenanls,oanditions or agreemenis set forth herein,shall not operate as a waiver of such breach or of any such ights or rerY edies, or"deprive the City of iis right i ir sCitute and mairrtain any actions or pra edings which it may dean ' n ry to protect, assert or enforce such righls or remedies. A waiver by the City of a br ach shall not be construed as a waiver of any suoceeding breach of the same or other covenants, oondifions or agreemenis set forth in this Agreement. 14. CANCELLATION. In lieu of bringing an action to enforce the Agre r ent City may car el this Agreement if City determines O,wner has br ched any of #e conditions or oovenanis of this Agreernent or h aliowed the Historic Property to deteriorate to the pointthat it no longer mee s the shandards for a qualified historical properiy. City may al o cancei this Agreerr ent if it ' determines Owner has failed to rehabilii te the Historic Property in the manner specified in ttiis Agreernerrt., 15:PVt3TfCE OF CANCELLATION, This Agreement cannot be cancel l until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the he'arir g shall, be mailed to the last known address of each owner of property within 300 feet of ifie Historic Property and shall be published-in avoordance with Government Code Section 6061. 16 CANCELLATION FEE.,If Clty cancels this Agreem nt in a000rdance with Section 'f5 a ove, Owner shai I pay a cancel lat;on fee of,iwelve and one-half percent(12-1/Z io) of the current fai r rr rket value of the Historic Property at the time of cart eliation. The current fair market value shal! be determined by the Cour ty A sessor as though the Historic Properry were free of the restriction.,on the Historic Property impo d pursuant ta this Agreernent. The canc:ellation fee shal I be paid o the County Auditor at such time and in such manner the Courity A litor shall prescribe. i , 17. NOTICES. Afl nofices 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 resp ctive rties as specified below or at any other address as may.be later spe ifipzi by the perties..Depos t of notice in the rrraiI, postage prepaid,shall be deemed r ceipt of the natice. City of Orange Joshua K. Partington and Michetle E. Partington Athi.: City Clerk 819 E. Briardale Avenue 300 E. Chaprrran Avenue-` Orange, CA 928fi5 Orange, CA 92$66 18. NO COMPENSATION. Owne shall not receive any ayment,from the City in ovnsideration of the obligations imp) under this Agreemen The Owner acknowledges and agrees that the vonsideration for the execution af this Agreer ent is the substarrtial public benefit to be derived therefrom and the advantage that will aocrue Owner as a result Qf the effect upon dte d value of the Historic Property on aa ount of the restrictions on the u9e and preserrration of the H istoric Property. 6 I 19. R MEDY IF AGREEM NT HELD NOT ENF4RCEABLE. Inthe'event itisfirrallydetermin this Agreement does not constitute an enforceable restriction within the m ning of the applicable provisians of ,the Califomia Government Code and the California Revenue and Taxation Code, except for an unenforceabi lity arising from the cancellation or nonrenewal of this Agreement,then this Agree.n;nt shall be null and void and without fur er effect and the His oric Property subject to this Agre nent shalt from that time be fre.e from any restriction wha ever under this Agreern nt without any payment or further act of the parties tp this Agreerr ent. 20. ACQUISITI N OF " PROPERTY BY EMINENT DOMAIN; CAfVCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the ev nt that the Historic Property is aoqui re l in whole or rt by emi nent domain or other aoquisition by any entity authorized tio exercise the power of emirien domain,and the ac.quisition is deiermined by the City to fnistrate the purpo of the Agreerr ent, the Agreanent shall be canceled and no fee shall be impo d under Section 17, above. The Agreernent shall be deemed null and void for all,purposes of determining the value of the Historic Properry so acquired. If, sulisequent bo the filing of an action in eminent domain, the proposed oondemnation is abar doned by the cor nning agency,the'r trictions on the use of the Historic Properly included in this Agreement shal l,without further agresment of the parti s, be reinstifiuted and the fierms of this Agreement shall oontinue in ful l force and fffect. 21. EFFECT OF AGREEMENT. Noneof the erms, provisionsor oonditior sof this,Agrce nentshall be dear ed o cre ateJa partnership beiween the parti s herero and any of their heirs,suoce ors or assigns, nor shal,l such terms, proyisions or oonditions cause the parties hereto to be considered joint venturers or members of any joint enterprise. - I 22. SUCCESSORS AND ASSIGNS. This Agree nt is binding upon and shall inure to the benefit of al{ successors irt interest of the Owner, regardless of the t x exempt stafias of any subsequent owner. A suocessor in interest shal I have the same righis and obligations under this.Agreerr ent as the original owner who entered in this Agreement. i 23. REQUIREMENTS RELATED TO TRANSFER.OF HISTORIC PROPERTY. Intheeventof any sa1e, transfer, assignment or conveyance of the Histonc Property ("Transfe'), the Owner agre s that, ait I t thi riy(30) days prior to such Trar sfer, it shall give written notice to the Ciiy of such proposed Trar sfer, inc9uding the name(s) of the transfer(s). In addition, tfie Owner and the - proposed transferee(s)shalt enter into and deliver fio the City thra gh the escrow for the Transfer of the His oric Properly an assignrnent and assumption agreement in a form satisfacb ry fi_the City's Aitorney or such other evider ce as may be satisfactory to the City that the transferee(s) h have) assumed the Owner's obligations set forth in this Agreement. Upon the TransFer of the Historic Properry and the assumption of the obligations here.under by the transferee(s),the Owner's li i lity for perfom anc,e shall be terminafied as to any obligation to be'performed hereunder after the date of such T,ransfer. 24. REC RDATION. , City shall record a Qopy 'of this Agreemen# with the Office of the County Recorder of the County of Orange. 1 7 i i i I i 25. AMENDMENTS. This Agreement may be amended, in whol or in part, only by a written and reoorded instrument executed by, the parties here o, exc t that the Director of Community Development is authorized ta amend the listof required projecis in Exhibit D. . ' 26. COUNTERPARTS, This Agre rient may be.executed in any number of counterparts, each of wfiich shall be d med an original and all of which shall oonstitute one and the sarr e agreerr ent. with the s effect if all,parties had signed the sarne signaiure page. Any signature page of this Agreement may be d ached from any oounterpart of this Agreern nt and re-att Ched o any ottier oounterpart of this Agreement identical in form here o but having att ched to it one or more additional signature pages. 27. ADMINISTRATION. This Agreement shall ;be administered by tlie City's Director of C unity Developm nt (or his,/her d ignated r resentative) following approval of this i Agreernent by the City. The City sha11 maintain authority of this Agreement through the City's Director of Community Development(or hisJher authorize i representative). The City's Dir.ector of Communiiy Developrnenf shaf I have the authority to is e interpretations,waive provisions and enter in amendmen s of this Agre ment on behalf of th e City so long such actions do not change the uses permitted on e Historic Property or the purp e of this Agreement. Such a riendmenis rrray include exter sions of time or nendmenls to the projecis specified in Exhibit D. AII other waivers or amendmenls shall require the written approval and cor ent of the City Counci I. , Rernainder of page intentionally left blank;signatures on next page] c i 1 , f J i j n IN WITNESS WHEREOF,the City and the Owner have execut ci this Agreemer t y pWNER" J Da ed: ( I .2021 h K; P rti gbon i ri i Da ed: e( 2021 - Michelle E. Parti on. ' . J , i t n . L f I t CITY" J r CITY OF ORANGE,a munici l oorporation i 1 O 021 B V/, Dated. o, 3 2 v Mark A. Murphy- Mayor EST: APPROVED AS TO FORM: l Pamela Coleman Mary E. B ning City Clerk Senior Assistant City Attorn i A i V i i g '_ ti d fl.OI C R7 1 d L-18 L BS@dOW.I D f1E 14 CIVIL CODE§ 1189 sr r.c,crti cs r:r r r r.r x..<x,rr,n,=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 'rUY I On before me, CJa 41{ l'C Te 1 1v,a' ` Date Here lnsert Name and Title of the Officer personally appeared ' ` \`P` Name of Signer who proved to me on the basis of satisfactory evidence to be the person whose name(' is/- subscribed to the within instrument and acknowledged to me that he/s iefti°req-executed the same in his/ei-authorized capacity(ies,and that by his/f erfth signature(}on the instrument the persor$j' or the entity upon behalf of which the person sj 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 SALLY R.TREJO WITNESS my hand and official seal. 1'`:'ii:''l,r Notary Public-California a J Orange CountyM Commission 2283155 My Comm.ExpiresApr 24,2023 Signature i Signa Notary Publ Place Notary Seal Above OPTIOAIAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document AG-zaa. Description of Attached Docurree t Title or Type of Document: `i S ti'1 ' Document Date: ll l oZ-- Number of Pages: Signer(s) Other Than Named Above: Capacity(iesj CI imed y Signer(s 1 Sig r's Name: r- . lr Y Signer's Name: Corporate Officer — Title(s): I t Corporate Officer — Title . r Partner — Limited General Partner — Limite General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator i Trustee Guardian or Conservator i!Other: Other: Signer Is Representing: c a Signe Representing: Ci:`r`"-:G`t.G`Z1%'<.`G?.'44`<»,<):'Gr=f.`Se(:C)t%G`Zt"L'Z.`'cG'S G^GY:eZ.`t%C.`5eG`4S t:YeG.YeC&'v`- a - 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 1 i ,1 I ACKNOWLEDGEMENT ; A notary public or other office'r oompleting this certificate verifies only the identity of.the individual who signed the documerrt to which this certificate is attached;and not the tnrthful ness,aocuracy,or validity of that dacument 1 1 State of Califo nia L County of.(r_m. On o v Zl n ,r 3, ,.o I before me, cc.o ` a Notary_Public(n and for the State of Cal ifomia;per9orrally appeared ` Gt,Y 1, u vi , who proved o me on the b sis of sa isFactory evidence to be the p n(s)whose rrame(s),is are subscribed to th within instrument and acknowledged ta me that 1 I they executed the same in lai aerftheir authorized capacity(ies),and that by bi Jaeffthei r signature(s)on the ir strument the person(s);or the errt(ty upon behalf of whlch the person(s)acted,exearted the ir trument. J . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and oorrect. WITNESS my hand and official seai. r, , ISABELDELGADO Notary Public-Ci ifornia F 'Orange County oA+,' Commission 2236165 Signature Q"d My Comm.Expires Apr 26,2022.+ L i J i 1 n r i i i 1 i O I I EXHIBIT "A'> LEGAL DESCRIPTION OF HtST4RIC PROPERTY, REAL PROPERTY 1N THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCR IB ED AS: Lot 73 of T ract 3978 i n the City of 0 range, Cou nty of 0 range, State of California;. `as per map reoorded in Book '14U, Pages 17, 18, and 1'9, or Miscellaneous Maps, in theofficeof the County Re order of said County. APN 374-222-23] t I 1 i i i 11 I I I 1 I i EXHIBIT"B" SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION r 1. Every reasorrable effort shall be made to provide a oompatible 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 orig(nally ir te lecl purpose. 2. The distinguishing origirral qualities or character of a lwilding, stn cture, or site and its environmer t strall r t be destroyed. The r rx val or aiteration of any historic material or distinctive archite tural f tures shduld be avoided when possible. 3. AII buildings,structures,and sites shall be recognized as produc s of their own time. Alterations that have no historical basis and which elc to create an earl ier app rance shal I be disoouraged. ` 4. Changes which`may have tak n place ln theoourse of time are evidenoe of the history and development ' of a building,sti ucture or site and its nvironment These,changes may have acquired significatxe in thei r own right,and this significarxe shal I be reoognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which c aracterize a building, structur or site shal I be tr ted witli sensiti'vity. 6. Deteriorated architectural featuresshalI be repai red rather than replaced,wherever possible. I n the event replac r ent is necessary,the new material should match the rrrateriat being r lac d in compositian, design,oolor,texture;and other visual,qual ities. Repai r or replacement of missir g architectural f tures should be Ix l on accurate duplications of f tures, sul star iated by historic, physical, or pictor al evidence rather than on conjectural desigr or the availabi I ity of different architecCural elements from , other buiidir gs orstructures. 7. The su fiac cleanir g of structures shall be under aken with the gerrtlest rr r.s possibie. Sandblasting and other cle,anir metliods that will damage the historic twilding materials shal I not be undermken. 8: Every reasorrable effort shail be ma to protect and preseroe ar heological resources affected by, or adjacent to,any project. 9. Corrtempora,ry design for alteratior s and addi#ions to exi ting properties al I not be disoouraged wh en such alteratior s and additions do not destroy significant fiistorical„architectural or cultural material, and such design is compatible with the size sc le; cotor, material and character of the property, neighborhood or envi ronn t 10. Wherever possible, n w additioris or alterations to structures shall be dorze in such a rrenner that, if , such additions or alterations were to be r noved in tt future,the esserrtial form arjd in:grity of the struciur e would be unimpaired. y t 1 I I 1 I I l i 1 EXHIBIT"C" CITY OF OR!#NGE HISTORIC PROPERTY MAINTENANCE STANDARDS AII buildings,structures,yar and other,improve ents shal I be mairrtained in a manner which does not detract from the app rance of the irm llate neighborhood. Tlie following oonditions are prohibited: 1 Dilapidated;deteriorating,or unrepaired stn ctures,'such as: fences, roofs,doors,wallsand windows. 2.;, P rblicly visible storage of scrap lu r,junk,trash or d'ebris. - 3. Publicly visiblestorage of abandoned,discarded or urx ed objecis or equi ment;such as automobiles, , automobile parts,fumiture,stoves, refrigerators,pns,corrtainers or similar items.- 4. Stagnarrt water or excavatior s, including pools or spas. 5. Any devioe; decoration, design, stn cture or vegetation -that is unsightly by r on of i s height; condition,or its irrappropriate la tion. J 1 J i l t 1 i i ' l 4 1 i i F n . J J V J i J 1 i I i . 13 I EXHIBIT"ll" REHABILITATION/MAINTENANCESCOPE OF WORK Att ched.] 7 I I i J J C J 14 i i -. J i J EXffiBiT«» REHABItITAT lON_/M AINTENANCESC4PE,OFWORK i 819 E. Briardale Avenue Priorit Descri tion of Work Cost Estimate Com (etion Date 1.R lace roof with new bui Id-up rodf system. , $18,000 i 2022 2: Paint ifie exterivr of the house, ir tuding $12,OQ0 - 2022 repai'r to wood'trims and siding as needed. . 3. Termite rar ediation and r ir ' ,000 <2022 revommended in,thetermi;te inspeetion report , daited 6/29f2021. 4.Upgrade main electrical nel with new 150 $5,000 "2024 - or 200 amp panel meet current building code r}uirements. 5.Repair front door, ineluding wood doorFr ne $2,000 2024 l' trims around mistlite glass window. '' Plumbing repairs for kit,chen and t throom, $3,000 2026 including cl ring chronic clagging issues and r ligning in-ground pipes to:improve draina e. 7. Service existing automatic opener fororiginal $1,400 ` 2028 sliding garage doors. 8. Hire plumbir professional to investigate the ,000 2031 existing r liate h t flooring system and either repai r or abandon the system depending on the operating condition. TOTA L 47 000 `" t , 1 i i l r i i i . v i 1 i1 1 1 1 r EXHIBIT"E"I a i HISTORIC PROPERTY lNVENTORY FORM (DPR 523) Att hed.] J i l r 1 t i i 1 ' i 15 I State oP California-The Resources Agency Primary# y , DEPARTMENT OF PARKS AND RECREATION HRI# PRIMARY REGQRD Trinomiai o u NRHP Status Code c Other Listings: Review Code:Reviewer. Date: Page 1 Of 3 R@SOU CE N8f118 Of#:BRIRRDALE`E_819_APN_374-222-23 Assigned by Recorder) Pl. Other dentifier: Fairmeadow Tract P2. Location:Notfor Publicatfon Unrestr'cted ry ry. .y 7 a.COu nty: Oranqe 811d (pZb and P2c or P2d. Attach a IocaHon mep es nceessaryJv. b. US6S 7.5'Quad: Date T ; R 1/4 of 1/4 of Sec B.M. C.AddPeSS: 819 - E BRIARDALE AVE ,# Clty: Oranqe Zlp: 92865 Glve mo, e.., , a.,,M.E.r . ,,.,w..,..,..e w,, ; R . ,,w..o... .wr ..,.,,,, d. UTM: re than o e for large andor Iinear resources)ZOf12 m EJ mN e. Other Locational Data: P3a. Description: oescnne resource end iu mapr e en,en s.incivae ees yn,materia s,condMon,altereqons,size,settlng,and boudnades. Contlnues on Pg.3.) Materiais: Model LA-29R P3b. ResourceAttributes: (Hp2)--sin 1eTfamil ro er IJstattribu[esandcodes) .,,,.»,.«.....ew.,«. ,M... «,..u .,...,.M....,.,«.-.:,,..,...>a ,: ...Y..:....,.,,.a....,.,,...,n.Ksm.,,.,t..,.y, P4. Resources Present: d Building StrucLure Object Site Element of DisVict District Other(Isolates,etc.) PSb. Description of Photo: 2005 Vlew,date.accesslon#) 0 , t K ;, :,` _; P6. ate Constructed/Age and Source: t e r. 1964,. aM.<.w s HisL nc Preh'rstoric Both is . ' ',. v c jj',," P7.Owner and Address:o r't ry F 6 o y a-a.`;f R ded F ` P8: ecor bY: (Name.affillaUon.end addr s) j Marissa Moshier, Historic Preservation Planner City of Orangew • y;.300 E. Chapman Ave. Orange, CA 92866 P9.Date Recorded: P11. ReportCitation: (Citesurveyreportandothersources,orenter'none') June 2015 Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources survey. P10.Survey Type: oescdne) Reconnaissance Attachments: NONE Location Map 0 Continuation Sheet(s) Building,Structure,and Object Record Arohaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Phob graph Record Other(L+st): DPR 523A(1/95) A x * Required Information I J f' e n c i tik, 1 2.,, l.: µ1 Pa S'E8t@6 jCa}iforniaA TheRe aurcesAgertc F.p{8# i's vaeen ^—naac+"r3 l a 1 , D PARTMENT 0;PAi2KS A(D'RECREAT ON 4 r k HRI# e r v 4 `.: 1 . F .,, '. uea n5^v 1rr.+xee s;.ra ks+xaa a'<tE tss+ax rea e a,ki'v{a+' i BUILp11,1G,STRIlCTgUF2,=A 1Q't)B.3yEGT R CO`FtD ;;*Np status code ., ` '`{ 4 5°; ' n, i , Page 2 Of 3 Resource Name or#:BRTARDALE_E_819 APN 379-222-23 Asslgned by Recorder) B1.Historlc Name: Unknown B2. Common Name: l 63. Original Use:RES B4.Present Use:RES J 85.Architectural Style: rtid-century Modern a B6.Construction History:construccionaate,arerauons,anddateofelteretions) D8t2of C011StfUCtiOf1: 1964 , Historic Prehistoric 8oth Pergola projects above the roof line. B7:Moved? No Yes ] Unknown Date: V Orfginai Location: B8. Related Features: 89.Architect or Builder:' Eichler, Homes B10.Significance: Theme: Architecture Area: city of Orange PrOpe ty Type: Residence J Period of Significance: aichies Tract (c. Y959 - 1965)Applicable Criteria: c Dlscuss importance In terrtu of his6 dcsl or architacwral context as defined 6y theme,period,snd geographlc scope. Also eddress integNry. Condnues on Pg.4.) Structural Integrity: Exceilent Condition - Medium level of alteration as of 2005. Site Integrity: t Opportunities 611.Additio al ResourceAttributes:.ustamibucesarnicoaes) 812. References: Orange Daily News. Eichler Tract Brochures and miscellaneous Eichler materials rom the Orange Public Library! r' B13. Remarks: co,mnues on ry.a.) skeccn rviap wr n Norch arrow reywred.) Status chanqe since 1991 Survey: Not previously surveyed. n 614. Evaluator. xobert Chattel Date of Evaluation: se tember 2005" Thts space reservedfor offlcial comments.)l ' I DPR 5238(1/95) Required Information f 1 I ; • , -, d 9 ' 4. j P 2 1 } . ... 'e1. l .." hrCma y,' r . r#8t8'Qf Qflll"dx '18 eSAUYCL'S C P.,(1G x`6 e ' f •`"` r r L:. ,$ 2rW -,fi. ( z ,, 5s s : nr 4,r . flEPARTMEt TxOF PARkS AND RECREI TION t `jLFhY*, k5 4 17 5 F. JN.MMRR A e . n ' ` F k'} { 3',f't".r R 4c.. {s.2 z. , ,a y ' <' l a ON7`I UATIQN S I E;`,r 'v ``& . f' .. , VI'r namlaly o'° ` t ` ' i Page3 of 3 ReSOUfC@N2FI180#: BRIARDALE_E_819 APN_374-222-23 pssigned by Recorder) Recorded liy: Marissa Moshier, Historic Preservation Planrier DBtE R@COfd@d: June;2015 City of Orange I 30o E. Chapman Ave.Q Conunuation Updat2 Orange; CA 92866 r i Years Surveyed: ' 2005, zoi5 'Description of Phom: Listed in National Register: Generai,Plan:LnR #of Buildings: i PlanNng Zone: R-i-a #of Stories: i LotAcre; 0.2532, #dfUnits: 1 ; Pr'i'ncipal BuildingSqft: 2i 6 h B6.Construction History(Continued from Pg.2): r i F B13.Remarks(Continued from Pg.2): r' P3a.Description(Continued from Pg.1): i 1J J l 1 T t i i J I , J pPR 523L(11/98)i I Required Information i r