AGR-7302 - CAROL M TALLICHET - MILLS ACT CONTRACT - 153 N CENTER STREET - MAC 406.0-2111/22/21,4:15 PM Batch 12496268 Confirmation
Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
II I I I II III III II I I III I I IIII II NO FEE
S R 0 0 1 3 3 5 0 5 1 2 S *
GR?'- 2021000713364 2:24 pm 11122l21
RECORbING REQUESTED BY 227 NC-5 Al2 23
AND,WFIEN RECORDED, 0.00 0.00 0.00 0.00 66.00 0.00 0.000.000.00 0.00
MAII.TO:
City Clerk
City of Orange
300 E.Chapman Avenue Exempt from recording fees pursuant toOrange,California,92866 Crov.Code Sections 6103 and 27383
Property Address: 153 N.Center Street
APN:039-254-OS
Mills Act Contract Number:406,0 21
ffiSTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONT 2AC1
THIS HISTORIC PROPERTY PRESERVATION AGREEIVIENT("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 corporatiun("Cit},and Carol M.Tallichet,Trustee of the Carol M.Tallichet
Famlly Trust dated May l9,2016("Ounier"),with reference to the following:
RECIT.dILS
WHEREAS,the Mills Act(Government Code Section 50280 et seq.)provides cities with the
opporhinity to contract with owners of qualified bistorical properties whereby the owner promises to
preserve and rehabilitate the property in return for a potential reduced properly tax assessment;and
WHEREAS, the City o€Orange has established Historic Districts consisting of Iie Plaza
Historic District, listed in the National Register of Historic Flaces; the Old Towne Orange Historic
Distrz ct, fisted in the National Register of Historic Places; the local Old Towne Orange Historic
Distric clesignated by the Orange City Council; and the iocal Eichler airhaven, Fairhills, and
Fairmeadow Historic Districts,designated by the Orange City Council;and the Cit desires to promotethecharacter,quality of life,and historic features of said Districts to its citizens and visiturs;and
WI EREAS,the City is dedicafed ta the protection and stabilizatian ofproperiy values through
maintaining and npgradittg its older housing stock,through the use ofincentives such as the Mills Act;
and
WHBREAS, the Mills Act also has beneficial e#eots an City businesses; economic stabilityandcommunitypridebypreservingimpoxtantneigborhoodhistoricresources;and
WHEREAS,the use af the Mills Act wi11 fulfill one of the goals of the City's 2010 General
Plan Gti.ilhual Resources Element;specifically,
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https://gs.secure-recording.com/Batch/Confirmation/12496268 1/2
11/22/21,4:15 PM Batch 12496268 Confirmation
Provide incentives and expand education efforts for bistoric preseroation"(Goal 3.0,CR-
22);and
WHEREAS,Owner passesses fee simple title in and to that certain real property,together with
associated stnictures and irnprovements thereon,loaated at 153 N.Center Sireet in the City of range,
County of Orange, State of California, having Assessor's Parcel Number 0 9-254-05 and more
specifically described in Exl ibit which exlubit is atYached hereto and made apart hereaf("Historic
Property);and
WHEREAS,the Historic Property is a qualified historical property under the Mills Act in that
it is privately awned property which is not exempt from property taxation and is either:i dividually
desigaated or is a cantributing property within a designated.distriat which is listed in the National
Register of Histaric Plac€s, California Register of Histarical Resources or Register of Historical
Landmarks,Cali€omia Points ofHistorical Interest,or is a contributing pmpertp in a locatly designated
histaric district;and
BttHEREAS, Owner, in consideration for abiding by the terms of f.is Agreement shall be
entitled to a reassessment of valuation of tlze Historic Properry and any corresponding reduction in
property taxes pursuant to the provisions ofthe California Revenue and Taxation Code;and
WHERE IS, it is the City's expectation that the Qwner wi11 use the property tax savin saccruedunderthisAgreetnentforimgrovementstothe"Historic Property"(as defined below).Tothat
end, as a candidon of renewal, the City will reqture a revised sched.ule of improvements every ten
years howing aplan for improvements cammensurate with the tax savings;and
V A, the City and Q cmer for their mutual benefit, now desire to enter into this
Agreement o limit the use of the Historic Property to prevent inapgmpriate alterations,to ensure that
charactenistics of historic signi icance are preserved and maintained,in an esemplary manner,and ta
carry out the purposes af Article 12{comrnencing with Sec.on SQ2$0)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 Coc e.
AGREEMENT
NOW, THEREFORE, bvth Owner and City, in consideration of the mutual pxomises,
covenants and couditions contained herein and the substantial public benefits to be derived therefrom,
da hereby agree as follows:
1. APPLICABLE LAWS. This Agreement is made gnrsuant to California Govemment Code
Sections 5028Q through SQ290 and Article 1.9(commencing with Sectian 439}ofC iapter 3,Part
2 afDivision 1 afthe California Revenue and Taxation Code and is subject t all of the pravisions
af thase statutes,Ta the extent any of the provisions in this Agreement are inconsistent vuith the
aforementioned provisions of the Government and Revenue and Taxation Codes, they are
superseded by those Code Sections,
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2. ASSBSSMENT OF VALUATION. Property tau relief afforded to Owner pursuant to Chapter 3,
Part 2 of Division 1 ofthe Califarnia Revenue and Talcation Code will be determined solely_by
the Orange County Office ofthe Assessor.City makes no representa.tions regarding the ac#ual#ax
savings any person ma.y realize by entering inta t3us Agreement.
3. P t.ESERVATION OF PROPBRTY. Owner agrees to preserve and maintain the Historic
Property and its character defining featares. Cbaracter defining features include, but are not ;
necessarily limited to,the general architectural form,style,materials,design,scale,details,mass, ;
roofline a.nd other aspects of fhe appearance af the exterior afthe Historic Praperty.For purposes
of identification af the Historic Praperty, the City's Official IIistoric Property Inventory Form
DPR 523)is attached as Exhibit E.
The Secretary of the Interior's Standardr for Rehabilitatdon xhibit B and City's min tnum
maintenance sta.ndards xlzibit C}, attached hereto and incorporated herein by.reference, shatl
constitute the minimum standards and condi ions for preservation and ehabilitation ofthe Historic
Property, and shall apply t the Historic Property throughout the te m of this Agrreement. Owner
shall, where necessary,, rehabili#ate the I istoric Property to conform.to the rules and regulations
of the Office of Historic Preservation of the California Department of Parks and Recreation,#he
Secretrary of the InterioY's Standards for Rehabilatation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne and Eicbler
Design Stanctards..
As consideration for the City to enter into this Agreement,the Owner agrees, at its own cost and
expense,to co plete,or cause to be completed,the work or improvements descnbed in EZchi'bit D
within the times established therefore in Exhibit D. The Owner shall secure any and all permits
which may be required by the City ar 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 v rith all applicahle 1:aws pertaining to the construction and
ir stallation of the work or improvements described on Exhibit D and the contract or contracts
pertaining thereto. The wner 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 ta any contract he/she/they enter into.
In addi#ion to the foregoing,the Owner hereby agrees to and will comply with aPl applicable local,
state, and federal statutes, regulations, rules, codes {including building codes), azdinances, and
other requirements of gavernmental 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 oz can€iition of the Historic Properiy is in violation of
any Applicable Laws.
4. INSP CTi NS t ND ANNUAL REPORTING. Owner agrees to permit the sxamination, by
prior appointment, of the interior and exterior of the Historic Property by the City at a minimum
every five(S)ysars during the Agreemen#term to determine Owner's compliance vvith the terms
and provisions ofthis Agreement.Owner agrees#o,provide the Gity with a report as to the status '
of the rHistoric Property annually within thirty {30) days faUowing each annive ary of the
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Effective Date af this Agreement. The armual report shall provide substantiation reasonably,
satisfa.ctory 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 cliibit D for the
twelve month period preceding each anniversary of this Agreement, and whether the Historic
Property has zndergone any changed conditions, arad rhether Owner l as receiv d any public
fiintis from other sources designated for the preservation or maintenance of the Historic Property
and from whom such funds have been received.
5. I'AYMENT' QF AI INIJAL FEE. _The wner shall pay the City an annual fee to cover
administrative costs associated with this Agreement including but not limited to the reasonable
cost of manitoring the Historic Property,performing required inspections,and enforcement of the
Agree ent. Said fee slaall be payable to the ity of C range and sha.l.be remitted to the Planni g
Divisian upon demand and prior to any required inspection.The amount of the annuat inspection
fee shatl be esta.blished 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. ]Eailure to pay the required fee within
45 days ofthe due date will be considered a willful breach of this Agreement and may result in
cancella ion of the Agreement iu accordance with the cancellation terms detailed below.
6. TERM. The term of this Agreement is for a period af ten (10) years. The i itial term of this
Agreement shall be from November 9.202I to and including November 9.2031.
7. AU'OMt TIC RENEVVAL. On each yearly anniversary of the Effectivs Date of tt is Agreement
renewal date"), one year shall be added automatically to the initial term of this Agreement,
unless notice Qf nQn-renewal is gi ren as provided in this Agreement. ,
8. EFFECT OF OUTSIDE FLTNDS. If Owner receives funds designated for the preservation or
maintenance of the Fiistoric Property from any other public agency,this Agreement shall not be
renewed except upon the vate of the City Council.
9. NOTICE OF NONRENEWAL. Tf in any year either the Owner or City desires not to renew this
Agreement, that pariy shall serve written notice af noiarenewal ta the other party in advance of
tlze annual renewal date.Unless the notice is served by Qwner to City at least ninety(9Q)days,or
by City to Qwner 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
ofnonrenewal from the City, Owner may make a written protest. LTpon receipt of such a protest
the City Council shall set a hearing prior to the expirahon of the renewal date of this L greement .
or toll the renewal date until such hearing can reasoriably held. Owner may furnish the City
Council with an,y information which the Owner deems relevant;and shall furnish the City Cauncii
with an information it may require.At any time prior to the renewal date,City may withdraw its
notice of nanrenewal.
10:EFFECT rJF NOTICE NOT TO RENEW. If in any yeaz 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 IlVIPROVEM NT SCHEDULE. At least ninety(90) da.ys prior to the tenth (10')
anniversary of the Effective Date of this Agreement, and ninety (9Q) days prior to every tenth
lOth)anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation
maintenance items for the City's review and approval. 5uch updated schedule shall contain a list
of proposed improvements andlor revisions to be accomplished during the next succeeding ten
10) years of the Agreement and a schedule for the constru.ction of such irnprovements. 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 detern ine the request complete and detennine whether or not to
grant the requested appzoval.Upon receipt of such a response,the Owner sha11 promptly fiunish
to the City such further information as may be reasonably requested.
From rime Yo 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 Plaruzer for Historic
Preserva#ion or in hislher absence the Director of Corr r unity Development(or his/her designee)
regarding matters arising hereunder with respect to the work and improve nents and the progress
in constructing the same.
12. INDEPENDENT AD IICE OF COUNSEL. The Owner,and each of them,represent and declare
that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment,
belief and luiowledge, and the advice and recommendations of his/her/their own independently
selected counsel,concerning the nature,extent and duration of his/hes/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 Ciry 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 properiy,the City shall eitl er cancel the
Agreement or bring any action in court necessary to enforce the Agreement including, but not
limited to an actian to enforce the Agreement by specific performance to cure, correct or remedy
any breach of the terms of this Agreement, to recover damages far 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 b Owner, City shall give written notice to Owner specifying the
alieged grounds far 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 ta the reasonable
satisfaction ofthe City within tlurty(30}days from the receipt of the notice of violatian,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 commeneed within thirty (30) days and thereafter
diligently pursued to completion,then City may,without further notice, instiiute legal action.
Except as otherwise expressly stated in this Agreemerit, the rights and remedies of tlie 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 remeciies 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 nd remedies as#o a breach of any ofthe covena.nts,conditions or agreements set forth
here sha l not operate as a waiver o€such breach or of any such riglats or remedies, or d.eprive
tl e City of its right to institute and maintain any ac#ions or praceedings vhich 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,
conclitions or agreements set farth in this Agreement. ,
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this
Agreement tf City determines Owner has breached any of the conditions or covenants of t iis
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 aiso cancel this Agreement if it
determuw.es Owner has faiied to rehabilitate the Historic Property ia 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 502$5.Notice o
the hearing shall be mailed to the last known address of ea.ch ourner of property within 300 feet
of the Historic Property and shall be published in accordance with Gavernment Code Sectioa
6061.
16. CANCELLATIOIV FEE. If City cancels this Agreement in accordance with Section 15 above,
Owner shall pay a ca cellation fee of twe ve and onehalf percent(12-/2%) of the current fai
market value of the Historic Property at the time of cancellation. The curtent fair market value
shall be determined by the County Assessor as though the Historic Property were fiee of the
restriction on the Historic Property imposed pursuant to this Agreeme t, The eancellation fee
shall be paid to the County Auditor at such#ime and'in such manner as the County Auditor shall
prescribe.
17.NOTICES. Ail notices required by or provided for in the Agreement shail 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 b#he parties. Deposit of notice in the
mail,pos#age prepaid,shall be deemed receipt oftJie notice.
City af Orange Cazol M.Tallichet
Attn.: City Clerk 153 N.Center Street
30Q E. Chapman Avenue Orange,CA 92866
Orange,CA 92866
18.IVO C011/IPENSATION. O vner shall not receive any payment fiom the City in consideration of
the obligations imposed under this Agreemen The Owner acl owledges and agrees that the
consideration far the execution of this Agreement is the s abstantial public benefit to be derived
therefrom and the advantage that wiu accrue to Owner as a result of the effect upon the assessed
vatue af the Historic Property on account of the restrictions an the use and preservaiian of the
Historic Properry.
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19.REMEDY IF AGREEMENT I3ELD NOT ENFORCEABLE. In the event it is finally determined
this Agreement does not constit zte an enforceable restriction within the meaning oft e 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 Properiy subject
to this Agreement shall from that time be free from any restriction whatsoever under tlus
Agreement without any payment ar fiuther act of the parties to this Agreement.
20.ACQUISITION OF PROPERTY BY EM7NENT DOMAIN; CANCELLA'I'IQN OF
CONTRACT; INAPPLICABILITY TO DETERMINATION OrF VALUE. In the event that the
Historic Property is acquired in wht le or part by eminent domain or other acquisition by auy entity
authorized to exercise the power ofeminent 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 damain, the proposed condemnation is
abandoned by the condemning agency,the restrictions on the use of the Historic Property included
in tlus Agreement shall, without further agreeinent of the parties,be reinstituted and the terms of
this Agreement shall continue in full force and effect.
21.EFFECT OF AGREEM NT. IVone 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 aIl successors in interest of the Owner, regardless of the tax exempt status of any subsequent
owner.A successor in interest shall have th same rights and obligations under this Agreement as
the original owner who entered into this Agreement.
23.REQUIREMENTS RELATED TO TR.ANSFER OF I3ISTORIC EROPERTY. In the event of any
sale, transfer, assignment or conveya.nce of the I3istoric Property("Transfer"), the Owner agrees
that, at least thu-ry(34) days prior to such Transfer, it shall giue 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 Tra sfer
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 Own.er'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 da.te 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.
25.AIVIENDMENTS. This Agreement may be amended, in whole or in part, only,by a written and
recorded instrument executed by the parties hereto, excep# that the I3irectar of Community
Development is authorized ta amend the list of required projects in F chibit D. _
26. C4UNTERPARTS. 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 Che 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 identieal in form heretc-but having attached to it one or more
additional signature pages.
27. ADMIlVISTRATION. This Agreement shall be administered by the City's, Director of
Comxnunity Development (or his/her designated representative) following approval of this
Agreement by the City. The City shall maintain authority of this Agreemen#through the City's
Director of Community Development(or 1us/her autharized representative), The City's Director
of Community Development shall have the authority to issue interpretations,waive provisions and
enter into amendments of this Agreement n behalf of the City so long as such actions do not
change the uses permitted on the Historic, Praperty or the purpose of this Agreement. Such
amendments may include extensians oftime or arnendments to the projects specified in Exhbit D.
All other waive s ar amendments shall require the written approval and consent of the City
Councii.
jRefnainder ofpage intentdoncally le't blank;signatrsres on nextpage]
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IN WITNESS WHEREOF,the City and the Ownerhave executed this Agreement.
4WNER"
Dated: / /5 2021
Carol M. Tallichet,Trustee
CITY"
CTTY OF ORANGE,a municipal corporation
Dated: 4 2 ,2021 By:
Mark A.Murphy
Nlayor ;
TTE 'APPR VED AS TO FORM:
t
Pamela oleman Mary E. inning
City Clerk Senior Assistant City Att ey
I
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1 IEF IF I 90 i1 c ILL-f D6$f SI 1 @ 9 @AI iE tta!lY d4 CIVIL COD§ 1189
Sfa:f3c"`4.i.`acS`;'S`L`tiY''f'C.>{`ati'.GY`^!`w-:c,c=C.cd.ac.c.c:c.c:c,c:O,r'.n-.--.—.-.-.
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 rai e
On before me, l'V 'f i'C , o alr l l A1
Date Here Insert Name and Title of the Officer
personally appeared r 1 l
Nam ( of Signer('
who proved to me on the basis of satisfactory evidence to be the person(}° whose name(' is e-
subscribed to the within instrument and acknowledged to me that hefs they executed the same in
his/f et efr authorized capacity(ies},and that by his k e{#eir signature(r 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.
SALLY R.TREJO WITNESS my hand and official seal.1. J'Notary Public-California =
s .•. =Orange County
Commission 2283 55 K
1O"", My Comm,Expires Apr 24,1023 Signature
Signat Notary Public
Place Notary Sea/Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document. --"73aa.)
Description of Attached Doce urroget
Title or Type of Document: 1 l 1 tS n-a Document Date: ` -I
Number of Pages: Signer(s) Other Than Named Above:
Capaci/(iesj Clai ed p_y Si ner(s)
Si ner s Name: a rk , (U F Signer s Name:
orporate Officer —Title(s): Y' u Corporate Officer — Title(s):
Partner — Limited General Partner — Limited O eral
Individual Attorney in Fact Individual Att ey in Fact
Trustee Guardian or Conservator ii Trustee uardian or Conservator
u Other: Other:
Signer Is Representing: v rn Signer Is resenting:
r'sG`.geC.`%C)4lJL t)r%."4'C4'Z%:t».'r<l_%C:'C.`C:-G`CX_%CS C)S.4`5 C`z=C.' %<.`Tet:`4`S'i`SeC-a:x:2r 'S 3dr''ieG'' - - -
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 dricument to which#}us certificate is attached,and not the truthfuiness,accuaacy,orvalidityofthatdocumen .
Sta.te ofCalifornia
County of(jrro.
On h r 1.5 a. before me,1 o nnr-L
a Notary Public in and for the St te of California,personally appeared_i.-5( I•Q,G'L
who proved to me on the basis af satisfactory evidence to be the person{s)whose name(,s')is/a e subscribed to
the within instrument and aclrnowledged to me that#e/she/tiiey executed the same in s/her/theaa authorized
capacity(ie,and that by kis her/t eir signature on the instrument the person},or the entity upon behalf of
which the person(acted,executed the'instrument.
I certify under PIENAI.,TY OF PERJURY under the laws of the State ofCalifomia that the f r.egoing paragraph
is true and correct.
WITNESS my hand and official seal.
r
Signahire_____ Seal)
4,'„".7OYp•t1 TAMMY L,HUTCHE50N
t t = Notary Public-Cal'rforniai ; '-'j' = Las Angeles CauntY Cammissian#2349226
My Comm.Expires Mar 27,2025 +
EXHYBIT C°A"
LEGAL DIESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STA'I'E O
CAL ORNIA,IDESCRIBED AS;
Lot 6 in Elock`B" or The Libr ry Tract" in the City of Orange, County of
Orange, State of California, as per map recarded in Book 5, Page 21 of
Mi.scellaneous Maps, in the office of the Connty Recorder of said Orange
County.
APN Q39-254-OS]
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EX ISIT«B"
SECRET.ARY OF THE INTERIOR'S STANDARD5 FOR REHABILITATION
1. Every reasonable,effort shall be made to provide a compatible use for a property, which requires a
minirnal altetation of the builc}ing structure, or site and its envimnment, or to use a property for its
originally intended purpose.
2, The distinguishing ariginal qualities or character of a building, structure, or site and its environment
shall not be destroye. The removal or alteration of any historic materiat or distinctive architectural
features should be avoided when possible.
3. All build'sngs, struciures,and sites shall be recognized as products of their own time. Alterations that
have no histarical 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 eviderice of the history and development
of a building,structure or site and its environment These changes may have acquired significance in
their own riglht,and this significance shall be recognized and respected
5. Distinctive stylistic features or examples of skilied craftsmanship which characterize a building,
structure or site shall be treated with sensi#ivity.
6. Deteriora.ted architectural fea.tures shall be repaired rather.than replaced,wherever possible.In the event
replacement is necessary,the new material should match the material being replaced iII compasition,
design,color,texture,and other visual qualities.Repair or replacement of znissing azchztechuai fea.tures
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 methoc}s that will damage the Itistoric building materials shall not be undertaken.
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 addirions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historical, architechxrat or cultural material,
a d such desigo is compatible with the size, scale, coiar, material and character of the property,
neighbarhood or environment.
lU. 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 esserrtial form and integrity of the
structure vould be uniinpaired.
12
E I3ISIT "C"
CITY OF ORANGE ffiSTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings,structures,yards and other improvements shall be maintained in a manner which does not detract
from the ap earance 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.
13
EXHIBIT "I)"
REHAEILITA ON/MAINTENANCE SCOPE OF WORK
f
Attached.7
14
EXHI YT"D"
REHABILITATION/MAINTENANCE SCOPE OF WORI I
153 N. Center Street
Priori Dessri fion of Work Cost Estimate Cm n letian Date
1. Waterproof basement to prevent flooding.15,000 2022
Install gutter at eave abave basement entry.
Repair and/or replace damaged basement
door to match ori ' 1 condition
2. Repair deteriorated wood at base of garage $1,400 2022
door
3. Re air wood screens on kitchen window 1,000 2022
4_ 'Replace back dmors on garage with 5,004 2022
com atible wood doors
5. Repair broken rope and weight on window at $1,000 2023
front elevation of house
6. I2epair woodwork at French doors at rear of $1,000 2023
house to revent stickin
7. Repair and/or replace deteriorated wood 5,000 202#
sidin and trim in limited areas around house
Re aint exterior af house and ara e 20,000 2025
9. R air and atch concrete on front orch 5,000 2025
10. Reirofit and bolt house to foundation 25,00a 2028
11. Reroof house 18,QQ0 2030
TOTAL 97,000
EXHIBIT °E"
HISTORIC PR P]ERTY INVENTORY FORIVI(DPR 523,
Attached.]
15
State of Calefornia-The Resources Agency Primary# 3Q-159308
DEPARTMENT OF PARKS AND RECREATION HRI# 038674
PRIMARY RECORD
Trinomial o
NRHP Status Code 1D
Other Listings
Review Code:Reviewer: Date:
Page 1 of 3 ReSou1'C@ Nam@ O#:CENTER_N_153_APN_039-259-OS
Assigned by Recorder)
P1.Other ldentifler:
P2.Locatiom L] Not for Publication Unrestricted
a.County: Orange 8tld (p2b and P2c or P2d. Atlach a bcation rrep av recessary.)
b.USGS 7.5 Quad: Date: T ; R , 1/4 of 1/4 of Sec B.M.
C.Add es5: 7 S3 - N CENTER ST ,# Cj(y; Orange JjP• 92866
d.UTM: (Give more man ooe ro.larye and/«1n ea.esoirces)Zone mEJ mN
e.Other Locational Data:
tP$a.CSCf1Pt10f1: (p¢spibe resource and its major elements.Indude design,materials,condition,atteretions,size,setting,and boudnaries. Continues on Pg.3.)
Mdteriels: Frame - Wood siding
A 1-1/2 story Craftsman house with wide lap siding, and the main roof comprised of a single gable with
side-facing gables_ There also is present a large front-facing gable dormer ornamented with cross-ties,
purlins and two combination window/vent transoms. The main roof extends forward to form the full-width
porch and is supported by arroyo stone piers. These piers are connected by a slatted balustrade. The
original door
P3b.ResourceAttributes: (HP2)--sinqle family property
List altribules a d codes)
P4.Resourees Present: ] Building Structure [ Object Site Element of District [] District L] Other(Isolates,etc.)
J
PS .Description of Ph to. 0 0 5bo1 ,
t.r ', y View.date,accession#)FY ,
j
t P6.Date Constructedl Age and Source:
r x 191.C
r c I
r..
x,. . 4- i ,;d Historic Prehistoric L] Both
P7.Owner and Address:
r.'' .
n;. re
c
Vc . _- _. o.s•-s.....:.:: ... a,7YE.:tir :
Y i}' .:
t j
y_.x .'
dr^,.
y'P8:Recorded b l. (Name,atfiliatian,and address)
r`^ D. Gest, P_ LaValley, D.
r :,,t
L" Matsumoto
y° ,, "
LL
r ',
f Chattel Architecture
i i I 13417 Ventura Blvd.
r <`aK x NS N" .
w,.'Sherman Oaks, CA 91423
us '''u"".. _ .....
4'•, _
P9.Date Recorded:
P11.RepOrt CltetlOn: Cite survey report and other sources,or enter^none') Apr i 1., 2005
Orange County Assessor Records (2005) _ Chattel Architecture (2005)
Historic Resources Survey. AEGIS (1991) Historic Building Inventory *p10.SurveyType• n a;cg
Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. Reconnaissance
Attachments: L] NONE Location Map Continuation Sheet(s) J 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
q[.i j'42YM VLV eR ` A Y 1 LPnmar#
f `
7.]OV. { R 3S ' Y.f
3&
1 }
1
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r rarF c7 x.2r'.r.r``y. P^„' SF a 1,rr vr r^-'','-s"<2dzv
p= /-{/`y
iR iSiA.RilE 4! /'lit R1LC lti.Rif YVIV y # i Y A?K v 4 S T J sP
e , , .:i . z
r ' a s.--i"' .*"^.rf is+.e-.-,fi a'a k z `z^ k}.+.- "v, `.
k..as,S'`:'''iTi riQ c'NRHPStatus Code, { 1D { u 3 f +
f
w.- . r.
Page 2 of 3 Resource Name or#:CENTEit N 153 APN 039-254-05
Assigned by Rscoider)
B1.Historic Natr e: M.F_ Lush House
c`+Yu.Si...w'.YS4::.5'.C'-Sc3.Gf..i„,v...uLi i SZ ik':.-Y.-55.A:&::-,.'.Yv,..t.4"!1:-".XOt:r F>S'JA t€2RY"...'S?Wti33a...w'F..Wa'<.tl"..'q.S'.Y...lF,+u:LC,ih.:YL':'.SX"udRAt^GJ'.::T..:X4..Y'"'h:.+LY.i'w'Y.'c^o534i.'.n•b
82 Comneon Name:
V .....T.4iCs....,..a..-.Fx3.T.....x.^>r....'3'..ni..... ..,,.Y.....ct.c u,.:2'_SM-.e.x s.a8'w...mmxr..#.-s2Wn...4 c.ss.r usiusix xsitiL.s.aa..T...+n:zsm..z^rsa.w'rr.n.nyc.cnb....rnarsrxvsa'es,su.af v..^,rnc....a.
B3_Original Use: s B k.Present QJse:s
a:;: h_.:t .
135.Aschitectura!Styie: c=aftsman
6 vSStC9i.^..'UrF9.4::.{,^!1M1if'v>ex'Y.4tGPs il'.::i:.84`L.'A,.:s8t+.»FatbL.'Ls'.bea:.3'F:a.
B6.Cmnstructinre H'Rstary:cons ucson aate.auerabnas.erw aate ora te aaa s) Date of Constructioe: 19zo H'tstoric P histaric 8oth
67.Moved? No []Yes Unknown Date: Originai Locatio:
n; <.._,s>>,:.. 1.x.
8.Related Features:
B9_APchitactorBuiider: M_F. Lush (Builder)
B10.Signif[pnC: Theine: Architecture ga; City of Orange prg y y'(y qg: Residence
a;x...-,, s z.. 6,E,m:...
PerloiBofSigniEicance: Old Toc ne: Early Settlement (c. 1670 - 1920) Appl'lpbl@Critetia:
Diswss impwtance in tems W Idsiodcatnradiiteeqx2l conieidasdefined hY theme.PenoA.Pam1 geograpluc siape.Atsoaddiessintsgrity_C ttim es on Pg_4) .:,
s.•»:
yt j Good Condition - No apparent change to origiaal s ructure.
S1tE ILtteg37Ey:
e-,.rrr-,.a...aa=r..e..e.,,.:r.cv.-v;-Ks,-:s,ac,..-saae:,-o.w.„^e.. -es.ra:.a.eras...r€rww.-.,:.z-.--.;m:.ac:-wrrs.k:uz....r.mr.;>n:..vF.«....m.-r+....{....r;_.e-..,v„anar.w..r,.::.sy r.9e:.u rx.s-_..a.r ca w:s•.
dpP n[lPrS.
Aus.a'r w'l'2raV^rew±:.w..vsp+Km.tWs Xtt:s-.i+.tt_m.reC'.itas...axf:a.,,+rvmA z-..[.s'.z-wr¢Y:M.2.2cxL s'a.Ci..s...._....TK:..aL..o-.C'dm.c:._,xr...&Sw'S'e'f.'..Jw.'Yw.:icasT.^"t.x«Nfm-n4'clmF.aut'.311P. .'.sa.381.a..Jf:14.sfu:.V.a.a.=J4JaL..GFYCts'fJs G S9'i.":5 5
ize house was bui3.t by M. F, I.usYi who came to Orange from New Jersey_ He first lived in the Nutwood Tract
and late= built this houss for his family_ His daughter Helen Lush still lives in this house. Mr. Lnsh
was a painter who worked primarily for the Villa Pa=k Lemon Association. He was also a £ield picking boss
for them.
B91.Add3@iattat @2esource A4tributes: (List aiL,buies and codes)
5312.References:
M,.:-.,-k...,,.,:rt._,..g...,=..,E,,.......,.„>_.. .,.,
Orange Daily News.
813.Remarks: conum,es on Pg.3_) tsketet.Ma wIm Norih acrow ceguirea:} i
Status change since 1991 Survey: None. i
i
I
B14.Evaluator. Robert cnattel i
Qate of EvaEuation: september;2045 x=.-,,=xT' .. ...x. -.SSM,:".
x,....m; ,3.. 3-w:,_-,m-
space reserved tor off al commerds.)
PR 523B(1/95) R qnired lr for+nation
State of California-The Resources Agency Primary# 30-1593os
DEPARTMENT OF PARKS AND RECREATION HRI# 038674
CONTINUATION SHEET 7rinomial o
Page 3 Of 3 R@SOUI'C6 Ndf11@ O#:CENTER N 153_APN_039-259-OS
Assigned by Recorder)
Recorded by:
D. Gest, P. LaValley, D. Matsumoto Date Recorded: April, 2005
Chattel Architecture
1341 ventura alvd. 0 Continuation [ Update
Sherman Oaks, CA 91423
Years Surveyed: 1982, 1991, 2005 Description of Photo: 1991
Listed in National Register. 1997
General Plan• LDR #of Buildings: 1
r r y, .„_,..
Planning Zone:R-9 #of Stories: 2
Lot Acre: 0 1573 #of Units: 1
J as
F ,•. '` .
Principal Building Sqft: 11 8
j;
f w^',$
66.Construction History(Corrtinued from Pg.2):
l ifl
i ar ry ret m. es
a
tB13.Remarks(Corrtinued from Pg.2):
t. ,.+' ...
a i+y' i
d. . a, -` f x?,
s=
P3a.Description(Continued from Pg.1):
with oval pane is still present.
DPR 523L(11l98) Required Information
E IT "F"
CERTIFICATION O 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, Carol M. Tallichet, trustee(s) of the The Carol
M. Tallichet Family Trust declare and confirm the following facts:
1. The Carol M. Tallichet Family Trust is currently in existence and was created on May 19,r.
2016. Said trust has not been revoked, modified, or amended in any manner which wot ld
cause the representations contained herein to be incorrect.
2. The settlor(s) andlor trustor(s) ofthe trust are Carol M. Tallichet.
3. The currently acting trustee(s) ofthe trust is/are Carol M. Tallichet.
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 Freservation Agreemenf.
5. The trust property currently includes that certain real property, together with associated
structures and improvements thereon,located at 153 N. Center Street in the City of Orange,
County of Orange, State of California, Assessor's Parcel Number 039-254-05.
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: //'51/Trustee:
T
Name)
r;
Trustee:
Name)
Notary acknowledgement]
VD
CtI
VD
1
ACKNOWLEDGMENT
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 Orange
On /t 0 before me,'/l • r , a Notary
Public,personally appeared a- !7 E ArL/c-/
who proved to me on the basis of satisfactory evidence to be the perso whose
name aj is/a subscribed to the within instrument and acknowledged to me that k/she%t ey
executed the same in,i2/her/ths ir authorized capacity(,, and that by J s/her/tJ r signature
on the instrument the person j, or the entity upon behalf of which the person(s'acted, executed
the instrument.
I certify under PENALTY OF PERJiTRY under the laws of the State of California that the
foregoing paragraph is true and correct.
S>L OC r
WITNESS my hand and official seal.
F RK R.WINTERS
NoWry Pub ic-California =
77 , Orange County
S1gT1a lU,i
j/ '
v i
Y ' CommissiPon l 2367100
t[p0.N'O, My Camm.Ex ves Aug 18,2025
Seal)