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AGR-7086 - ALBERT RICCI AND MARY K RICCI - MILLS ACT CONTRACT - 560 EAST VAN BIBBER AVENUEProvide 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 560 E. Van Bibber Avenue in the City of Orange, County of Orange, State of California, having Assessor's Parcel Number 390-422-08 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof Historic Property); and WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property tivhich 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 Landinarks,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 vahiation 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 sho ving a plan for improvements cominensurate with the tax savings; and WHEREAS, the City and Owner for their muhtal 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 exeinplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part l, Division 1 of Title 5 of the California Government Code and Article 19 (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 inutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: 1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9(commencing with Section 439)of Chapter 3,Part 2 of Division 1 of the Califoniia Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections. 2 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 achial 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 feahires 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 Seci•etary of the I aterioy's Staitdar ls for Re/iabilitc tion (Exhibit B) and City's minimum inaintenance standards (Exhibit C , attached hereto and incoiporated herein by reference, shall constirirte the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to confonn to the rules and regulations of the Office of Historic Preseivation of the California Department of Parks and Recreation, the Secreta y of the Itzterior's Standa•ds for Rehabilitatiora, the California Historical Building Code, and the City of Orange's Historic Preseivation 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 therefare 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 consriliction 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 faihue by the Owner to con-ectly 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 stattrtes, 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 pennit 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 amliversary of the 3 Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City's Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such fiinds 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 P1amling 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 willfiil breach of this Agreeinent and may result in cancellation of the Agreement in accordance with the cancellation tei-ns 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 froin NovemUer 10, 2020 to aiid inchiding November 10, 2030. 7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement. 8. EFFECT OF OUTSIDE FLTNDS. 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 seive 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 O vner at least sixty (60) days prior to the rene val date, one year shall automatically be added to the ter7n 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 Lllltll such hearing can reasonably held. Owner may fiirnish the City Council with any information which the Owner deems relevant;and shall fiirnish the City Council with any information it may require.At any time prior to the renewal date, City may withdraw its notice of nonrenewal. 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be. 4 11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety(90) days prior to the tenth(lOtn) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth l Oth) 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 fiirnish to the City such fiirther 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(ar his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same. 12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them,represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel,concerning the nature,extent and duration of his/her/their rights and claims,and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City. 13. ENF'ORCEMENT 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. I i 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 5 of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement. 14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement. 15.NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Goveniment 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 Albert Ricci and Mary Ricci Attn.: City Clerk Ricci Family Revocable Tnist dated Febntary 11, 2006 300 E. Chapman Avenue 600 E. Chapman Avenue Orange, CA 92866 Orange, CA 92866 18.NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property. 6 19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constihite an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement,then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or fitrther 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 fnistrate 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 puiposes 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 fiuther agreement of the parties, be reinstituted and the terms of this Agreement shall continue in fiill 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 ar conditions cause the parties hereto to be considered joint venturers or members of any joint enterprise. 22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner, regardless of the tax exempt status of any subsequent owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement. 23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property ("Transfer"), the Owner agrees that, at least thirty(30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s). In addition, the O vner 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 agreeinent in a fonn satisfactory to the City's Attoniey or such other evidence as inay be satisfactory to the City that the transferee(s) has have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s),the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer. 24. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange. 7 25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signahire 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 ainendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. Remainder of page intention lly left blc nlr;sig aatures oi2 next p rgeJ 8 IN WIT'NESS.WHEREOF,the City and the Owner have executed this Agreement. OWNER" Dated: ` 3 2020 Al icci, T ee Dated: 2020 G Mary K. Ri ', rustee CITY" CITY OF ORANGE, a municipal corporatio Z - i lDated: , 2020 By: Mark A. Murphy Mayor ST: APPROVED AS TO FORM: Pamela Coleman Mary E. Bi ning City Clerk Senior Assistant City Attorne 9 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califoiliia County of f On ' ` ZU before me, f.,U 1(l 1/l G.`- a Notary Public in and for the State of California,personally appeared `bP VT G'i 0 ourV 1- C. who proved to me on the basis of satisfactory evidence to be the person s)whose name s is/ re subscribed to the within instrument and acknowledged to me that he/she/he executed the same in his/her/hei authorized capacity,ies) and that by his/her/ ei signatur s on the insn-ument the perso),or the entity upon behalf of v which the person s acted,executed the instniment. I certify under PENALTY OF PERJCTRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of cial seal. ANGELYN CATALE Notary Puhlic-Califomia Z Z Orange County Commission#2185731 Signahire Seal) My Comm.Expires Apr 1,2021 10 CALI ORNS ALL-PU 3R SE AC CNOWLEDGIYIENT CIVIL CODE§ 1189 c,z,rx:r.r.e e:s.,c t.,s,r.:s - 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 QrahAe. On \a I ao before me,aJ t •r O .o a' 1 , Date ere Insert Name and Title of the Officer personally appeared ar k 14' Ir Y1 Name(f o Signer(,' who proved to me on the basis of satisfactory evidence to be the person(sj whose name(s is/.a a subscribed to the within instrument and acknowledged to, me that hefshef4heq executed the same in hisf erfthreR authorized capacityE+eesj,and that by hisf herflt eir signature(,}on the instrument the person(.sr}; 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. 4y, o r SALLYR.TREJO WITNESS m hand and official seal. Notary Public•California z y i • Orange County Z : Commission M 2283155 t My Comm.Expires Apr 24,2023 n' Signature w Sig e of Notary lic P/ace 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. /(R—O o Description of Attached Docu e rot Title or Type of Document: 5 ra Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clai e by igne ( ) Signer's Name: r L f . urp/ Signer's Name: orporate Officer — Title(s): r o Corporate Officer — Title(s): C Partner — u Limited General u Partner — Limited U G ral Individual Attorney in Fact Individual A ey in Fact Trustee u Guardian or Conservator i Trustee uardian or Conservator Other: Other: Signer Is Representing: O A Signe epresenting: s`t3 Gt=.e%C7C%C:`4<JC%L`.t)Z)C"4 i`t%)zL''L'Z)1JZ:4`L.'G''4G'C:ti`Z:`Cl.'cZxy`ui'Ci`L4.0`C4_' . '_' '_ - 02014 National Notary Association www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"A" LEGAL DESCRIPTION OF HISTORIC PROPERTY REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,DESCRIBED AS: The West 25 Feet of the North Half of Lot 2 and the East 60 Feet of the North Half of Lot 3, all in Block "B" of A.L.C. Bibbers Re-Subdivision of Richland Farm Lot 37 as per Miscellaneous Map recorded in Book 4, Page 41, in the Office of the County Recorder of said County. APN 390-422-08] 11 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, whicb 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, stnicture, 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, stnictures, 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, sh-uchue or site shall Ue treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible.In the event replacement is necessary, the new material should match the material being replaced in composition, design,color,texture,and other visual qualities.Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or stnictures. 7. The surface cleaning of stiucriires 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. Contemporaiy desib for alterations and additions to existing properties shall not be discotuaged 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 fimire, the essential form and integrity of the stntcture would be tmimpaired. 12 EXHIBIT "C" CITY OF ORANGE HISTORIC PROPERTY MAINTENANCE STANDARDS All buildings,structures,yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood.The following conditions are prohibited: 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 aUandoned,discarded or unused objects or equipment,such as automobiles, automobile parts,furniture,stoves,refrigerators,cans,containers or similar items. 4. Stagnant water or excavations,including pools or spas. 5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition,or its inappropriate location. 13 EXHIBIT "D" REHABILITATION/MAINTENANCE SCOPE OF WORK Attached.] 14 EXHIBIT"D" REHABILITATION/MAINTENANCE SCOPE OF WORK 560 E.Van Bibber Avenue Priori Descri tion of Work Cost Estimate Com letion Date 1. Install new 200 amp electrical service panel. $3,500 2020 2. Install new composition shingle roof on the $16,000 2020 house. 3. Repair cracks in house foundation exterior $8,000 2020 walls. 4. Refiirbish original wood sash windows, 1,500 2020 including new sash ropes. 5. Install new wood screen on all house 1,800 2020 window openings. 6. Install new wood basement/cellar door at 1,000 2020 rear elevation. 7. Install new central HVAC system. 9,500 2020 8. Repaint the exterior of the house and 13,000 2021 detached garage, including repair to wood siding as needed. 9. Replace a total of four non-historic 4,000 2025 vinyl/metal/jalousie windows on the south, west, and east elevations of the house with wood sash windo vs to match existing original windows. TOTAL 58,300 EXHIBIT "E" HISTORIC PROPERTY INVENTORY FORM (DPR 523) Attached.] 15 State of California-The Resources Agency Primary# 30-1592z0 a.....,. DEPARTMENT OF PARKS AND RECREATION HRI#038586 PRIMARY RECORD Trinomial oR NRHP Status Code lU Other Listings: Review Code: Reviewer. Date: _ I Page 1 of 3 Resource Name or#:art_azaa R_E_560_APrr_390-922-08 Assigned by Recorder) P1.Other ldentifier: P2.Location: Not for Publication Unrestricted a.County: orar.ge 8f1d (p2b and P2c or P2d. Attach a location map as necessary.) b.USGS 7.5'Quad: Date: T ; R 1/4 of 114 of Sec ,B.M. y.,...., x,._. ,n..,._ a_,..„x „M,,. C.Add 05S `oU - E VAN B-E R AVE # Cjty; Or ng Zjp; 928E6 ar,. .. e,,..m,..,, ,-. _..... _e....__ ._«,..:..,..E . __,.... . ,..._ .w_.. _.. . d.UTM: (Give more than one for large and,or linear resources)ZOf1B mE/ rt1N e.Other Locational Data: P30.D@SCflptl011: (Describe resource and its major elements.Include design,materials,condition,alterations,size,setting,and boudnaries. Continues on Pg.3.) Materials: Fram — Wood sidir.g i sinqle-story bungalow with lap siding ar.d single, side-facing gable roof. No porch is present, but two sm.ll, front-facing qable dormers are on the front portion of the roof. P3b.ResourceAttributes: (x_2)--sino_e facily pzop=ty List attributes and codes) u `"` "'_" .""'"',.°''..'.m, 6'."" ".`"'3". .„."""`''„'''."."""'R.,"'"".,'.„".'""'d."..",."°".".o">"."'°"..,..,x"."""""" P4.Resources Present: '.i Building Structure Object '`1 Site ; Element of District [_' District [ Other Qsolates,etc.) PSb.Description of Phota ''.- ss.r:. .._:._ View,date,accession#) P6.Date Constructed/Age and Source: ase.'. L J v w., . 9' ': ''" d Histonc , Prehistoric i Both r'' c ie,.r.;' s.y.=.. ..s ri„, t, ` t .. P7.Owner and Address: k`!'_S.y! f :, L aaw l.w`.: F j rr- Y'.. P8:ReCO ded by: (Name,affiliation,and address) D. Gest, n. LaValley, D. P:atsu-.oto Chattel Architecture 1341 Vertura Blvd. Sherr an a'<s, F. ;19'3 a:. P9.Date Recorded: P11.Rep01 Clt2t1011: (Cite survey report and other sources,or enter"none.") 1, 0 5 Or nce CocnLy ses=or Records (2005) , Chattel Arct_ite ture (2005) Ei toric Fescur es Survey. F.G=S (:991) H_sto'_ Building Inventory *P10.SUrveyType: oescribe) Cpdate. Heritage Orange Coucty, Inc. (1982) Oranae Hi toric Scrvey.z cc sis.__ Attachments [i NONE Location Map C Continuation Sheet(s) C Building,Structure,and Object Record Archaeological Record ,. District Record Linear Feature Record i__I Milling Station Record, Rock Art Record Artifact Record Photograph Record Other(List): DPR 523A(1/95) Required Information State of Califomia=The Resources Agency,' Primary# 30-159220 DEPARTMENT'OF PARKS AND RECREATION' HRI#0385.86 BUILDING,STRUGTURE,AND OBJECT RECORD *NRHR Status Code 1 Page 2 of 3 . Resource Name or#:VAN BIBBER E 560 APN 390-422-08 Assigned by Recorder) B1.Historic.Name: Unknown B2.Common Name: B3.Original Use: RES B4.Present Use:RES B5.Architectural Style: Bungalow B6.COI15t UCtl011 HIStOf/:(Construction date,atlerations,and date of alterations) Date of Construction: 1910 Q HiStOfIC PfehlStOfIC BOth B7.Moved? Q No Yes Unknown Date: Original Location: 68.Related Features B9.Architect or Builder: Unknown 670.Significance: Theme: Architecture Area: City of Orange Property Type: Residence Period of Significance; old Towne: Early settlement (c. 1870 - 1920) Applicable Criteria: Ac Discuss importance in lerms of historical or architectural content as defined by theme;period,and geographic scope.Also address integrity. Continues on.Pg.4.) Structurallntegrity: Good Condition - A collection of minor, inappropriate changes to original structure. Site Integrity: Opportunities: B11.Additional Resource Attributes: ;sc attribuces and codes B12.Refererices: Orange Daily News. 613.fZe1118fkS: (Continues on Pg.3.) - Sketch Map with NoRh arrow required.) Status change since 1991 Survey: None. B14.Evaluator: Robert Chatt'el Date of Evaluation:` September, 2005 This space;reserved tor off cial comments.) DPR 523B(1/95) .. Required Information State of California-The Resources Agency Primary# 30-159220 DEPARTMENT OF PARKS AND RECREATION HRI#03 5 6 CONTINUATION SHEET 7rinomial oi a Page 3 of 3 Resource Name or#:vArt a=,P=r< = 5F0 F.r 390-922-08 Assigned by Recorder) Recorded by: c. esc, =. a=1e„ . _cat u-oto Date Recorded: E ril, 2005 C:tel Architecture qi ventura s1vd. Continuation [] Update S erman Oaks, CA 91923 Years Surveyed: 1982, 1991, 2007 Description of Photo: 1991 Listed in National Register: `a7 w,,A General Plan: i,' #of Buildings: 1 Planning Zone: h-?-F #of Stories:1.5 Lot Acre: 0.239;: #of Units 1 F . Principal Building Sqft: 1-= 66.Construction History(Continued from Pg.2): y' "`''<11_'` `- i r. B13.Remarks(Continued from Pg.2): y f y..arr',,...+- .. -ey. . P3a.Description(Continued from Pg.1): DPR 523L(11/98) Required Information t N,« z, , Y.' i M j b/ 1 ' kb .¢ t 1 t ,; t r, x, t . f , b i t > ' :, r, '' r .• .. 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' 4t o r 7 i c v . , r. , a a„ + 7 t a t k + i Fh t Pr +^ ' 4x I i Y 1 . 1.. ) i:. . 1` , t\, f. t : yi V7 1 S l{ i+.., I h' x 3 ?` . 1 Y i:. l l\ n.. 4. l 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, Albert J. Ricci and Mary K. Ricci , trustee(s) of the Ricci Family Trust dated 02/11/2006 declare and confirm the following facts: 1. The Ricci Family Trust is currently in existence and was created on Febrauary 11, 2006. 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 Albert J. Ricci and Mary K. Ricci. 3. The currently acting trustee(s) of the trust is/are Albert J. Ricci and Mary K. Ricci. 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 560 E. Van Bibberm Orange CA 92866 in the City of Orange, County of Orange, State of California, Assessor's Parcel Number 390-411-08. 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: l — 3' Trustee: Trustee: G` Name Notary acknowledgement] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the i ndividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California County of_ Orange On 11/13/20 before me, Angelyn Catale insert name and title of the officer) personally appeared Albert J. Ricci and Mary K. Ricci who proved to me on the basis of satisfactory evidence to be the person whose name ) is r subscribed to the within instrume and acknowledged to that he/she/t e executed the same in his/her/tl ir authorized capacity( es , and that by his/her/ ei signature s on the instrument the person((s), or the entity upon behal of which the pers or s acted, executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m h d an OffIC eal. ANGELYNCATALE y NotaryPublic—California z Orange Counry z Commission 2185731 My Comm.Expires Apr 1,2021 Signature Seal)