SR - AGR-6675 - MILLS ACT CONTRACT 146 N HARWOOD STREET; MAC-277.0-18 (
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�a November 13, 2018
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TO: Honorable Mayor and
Members of the City Council City Manag
Finance Di ctor
THRU: Rick Otto To Be Presented By:
City Manager X Cons Calendar City Mgr Rpts
`I Council Reports Legal Affairs
FROM: William Crouch 1�� Boards/Cmtes Public Hrgs
Community Development Director Admin Reports Plan/Environ
- 1. SUBJECT
Mills Act Contract No. MAC-277.0-18 (Historic Property Preservation Agreement)
2. SUMMARY
A proposal to approve a Mills Act Contract for a contributing residential historic property in the
Old Towne Historic District. Estimated costs for repair,rehabilitation and maintenance performed
by the property owner for the minimum ten-year term of this contract total$110,850.00. Property
Owners—John Gray. Location— 146 N. Harwood Street.
3. RECOMMENDATION
Approve a Mills Act Contract (Historic Property Preservation Agreement) between the City of
Orange and the property owner (Application No. MAC-277.0-18) for the preservation and
rehabilitation of a qualified historic property.
4. FISCAL IMPACT
The City may incur a loss of property tax of approximately $581.00 per year. The actual amount
of property tax reduction under the Mills Act Contract will be determined by the Orange County
Office of the Assessor, using a predetermined income-based approach to assessment, considering
area rental rates and maintenance costs. The application fee for this contract offsets the cost of
staff review, property inspection and this public hearing. Rehabilitation will generate additional
revenues from building permit fees, and the local �conomy will benefit from additional work for
building contractors and material suppliers.
ITEM3 .a� 1 11/13/18
5. STRATEGIC PLAN GOAL(S)
Recognize, promote and preserve Orange's rich heritage, by expanding and strerigthening
processes and practices related to the protection of cultural resources.Enhance and promote quality
of life including historic features of the City's Historic Districts and individually listed historic
resources to its citizens and visitors.
6. GENERAL PLAN IMPLEMENTATION
Cultural Resources and Historic Preservation Element:
Goa13.0 Provide incentives and expand education efforts for historic preservation.
Policy 3.2 Provide incentives to encourage and support historic preservation.
7. DISCUSSION and BACKGROUND
Mills Act Contract No. MAC-277.0-18 is for 146 N. Harwood Street, a single family residence
and contributing property to the Old Towne Historic District. Estimated costs associated with
repair, rehabilitation and maintenance to be performed by the property owner for the minimum
ten-year term of this contract total$110,850.00. Staff estimates the total t�savings to the property
owner over a ten-year period would be approximately $42,749.00. The Orange County Office of
the Assessor will determine the actual amount of property tax savings under the Mills Act Contract.
General contract conditions:
• Preserve and rehabilitate the historic property and its character-defining features in
conformance with adopted rules and regulations.
• Meet City of Orange Historic Property Maintenance Standards for all buildings, structures,
yards and other improvements on the property.
• Agree to property inspections once every five years of the contract term andlor when work
is completed to determine compliance with terms of the contract.
• File annual status reports on progress of improvements and repairs and/or any changed
conditions of the property.
• Provide a ten-year update of proposed rehabilitation and repair items, 90 days prior to the
tenth contract anniversary.
• Meet all other contract terms and conditions as specified in the Historic Property Preservation
Agreement.
8. ATTACHMENTS
1. Mills Act Contract MAC-277.0-18
2. Photographs of 146 N. Harwood Street
N:\CDD\PLNG\Historic Preservation\Mills Act Progcam\Applications\Clients 2018\MAC 277.0-18-14G N.Hanvood Street
ITEM 2 11/13/18
RECORDING REQUESTED BY
AND,WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 146 N.Harwood Street
APN: 386-072-12
Mills Act Contract Number:277.0-18
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT(the "Agreement") is made
and entered into as of the date of execution by the City (herein referred to as the "Effective Date"),
and is being entered into by and between the CITY OF ORANGE, a municipal corporation ("City"),
and John Leldon Gray,Trustee of the Harwood Street Property Trust dated February 13,2018 (referred
to herein as the."Owner"), with reference to the following:
RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the
opportunity to contract with owners of qualified historical properties whereby the owner promises to
preserve and rehabilitate the property in return for a potential reduced property tax assessment; and
WHEREAS, the City of Orange has three Historic Districts: the Plaza Historic District, listed
in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the
National Register of Historic Places; and the local Old Towne Orange Historic District, designated by
the City of Orange, and the City desires to promote the character, quality of life, and historic features
of said Districts to its citizens and visitors; and
WHEREAS,the City is dedicated to the protection and stabilization of property values through
maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act;
and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability
and community pride by preserving important neighborhood historic resources; and
WHEREAS, the use of the Mills Act will fulfill one of the goals of the City's 2010 General
Plan Cultural Resources Element; specifically,
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"Provide incentives and expand education efforts for historic preservation"(Goa13.0,CR-
22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property,together with
associated structures and improvements thereon, located at 146 N. Harwood Street in the City of
Orange, County of Orange, State of California, having Assessor's Parcel Number 386-072-12 and
more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof
(herein referred to as the "Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that
it is privately owned property which is not exempt from property taxation and is either: individually
designated or is a contributing property within a designated district which is listed in the National
Register of Historic Places, California Register of Historical Resources or Register of Historical
Landmarks,California Points of Historical Interest,or is a contributing property in a locally designated
historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be
entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in
property taxes pursuant to the provisions of the California Revenue and Taxation Code; and
WHEREAS, it is the City's expectation that the Owner will use the property tax savings
accrued under this Agreement for improvements to the"Historic Property" (as defined below).To that
end, as a condition of renewal, the City will require a revised schedule of improvements every ten
years showing a plan for improvements commensurate with the tax savings; and
WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this
Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that
characteristics of historic significance are preserved and maintained in an exemplary manner, and to
carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division
1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of
Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises,
covenants and conditions contained herein and the substantial public benefits to be derived therefrom,
do hereby agree as follows:
1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code
Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part
2 of Division 1 of the California 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.
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2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3,
Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the
Orange County Office of the Assessor. City makes no representations regarding the actual tax
savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property
and its character defining features. Character defining features include, but are not necessarily
limited to, the general architectural form, style, materials, design, scale, details, mass, roof line
and other aspects of the appearance of the exterior of the Historic Property. For purposes of
identification of the Historic Property, the City's Official Historic Property Inventory Form(DPR
523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City's minimum
maintenance standards (Exhibit C , attached hereto and incorporated herein by reference, shall
constitute the minimum standards and conditions for preservation and rehabilitation 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 conform to the rules and regulations
of the Office of Historic Preservation of the California Department of Parks and Recreation, the
Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and
expense, to complete, or cause to be completed, the work or improvements described in Exhibit D
within the times established therefore in Exhibit D. The Owner shall secure any and all permits
which may be required by the City or any other governmental agency affected by the construction
of the work or improvements. The Owner accepts responsibility for and shall be responsible for
identification of and compliance with all applicable laws pertaining to the construction and
installation of the work or improvements described on Exhibit D and the contract or contracts
pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold
the City harmless with respect to, any consequences of any failure by the Owner to correctly
determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing,the Owner hereby agrees to and will comply with all applicable local,
state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and
other requirements of governmental authorities now or hereafter in effect ("Applicable Laws")
pertaining to the use of the Historic Property. Owner must give the City immediate written notice
on Owner's becoming aware that the use or condition of the Historic Property is in violation of
any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination,by prior
appointment, of the interior and exterior of the Historic Property by the City at a minimum every
five (5) years during the Contract term to determine Owner's compliance with the terms and
provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the
Historic Property annually within thirty(30) days following each anniversary of the Effective Date
of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the
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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 funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover
administrative costs associated with this Agreement including but not limited to the reasonable
cost of monitoring the Historic Property, performing required inspections, and enforcement of the
Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning
Division upon demand and prior to any required inspection. The amount of the annual inspection
fee shall be established by the City and may be revised from time to time, which fee shall be set
forth in the City's Master Schedule of Fees and Charges. Failure to pay the required fee within 45
days of the due date will be considered a willful breach of this contract and may result in
cancellation of the contract in accordance with the cancellation terms detailed below.
6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this
Agreement shall be from November 13, 2018 to and including November 13, 2028.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement
(hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial
term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or
maintenance of the Historic Property from any other public agency, this Agreement shall not be
renewed except upon the vote of the City Council. ,
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this
Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the
annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by
City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be
added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of
nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the
City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or
toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council
with any information which the Owner deems relevant; and shall furnish the City Council with
any information it may require.At any time prior to the renewal date, City may withdraw its notice
of nonrenewal.
10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to
renew this Agreement, this Agreement shall remain in effect for the balance of the period
remaining since the original execution date if not yet renewed, or the last renewal date of the
Agreement, as the case may be.
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11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10�')
anniversary of the Effective Date of this Agreement,and ninety(90)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. Such updated schedule shall contain a list
of proposed improvements and/or revisions to be accomplished during the next succeeding ten
(10) years of the Agreement and a schedule for the construction of such improvements. Within
thirty(30) days after the City's receipt of said updated schedule,the City's Director of Community
Development shall either approve or disapprove such proposed schedule of proposed
improvements, or shall respond in writing by stating what further information, if any, the City
reasonably requires in order to determine the request complete and determine whether or not to
grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish
to the City such further information as may be reasonably requested.
From time to time, at the request of the City's Director of Community Development (or his/her
authorized representative), the Owner shall meet and confer with the City's Planner for Historic
Preservation or in his/her absence the Director of Community Development (or his/her designee)
regarding matters arising hereunder with respect to the work and improvements and the progress
in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each 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. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the
conditions of the Agreement provided for or has allowed the property to deteriorate to the point it
no longer meets the standards for a qualified historical property, the City shall either cancel the
Agreement or bring any action in court necessary to enforce the Agreement including, but not
limited to an action to enforce the Agreement by specific performance to cure, correct or remedy
any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any
other remedy consistent with the purpose of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City shall give written notice to Owner specifying the
alleged grounds for the default. Said notice shall be given by registered or certified mail addressed
to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable
satisfaction of the City within thirty(30) days from the receipt of the notice of violation, or within
such reasonable time as may be required to cure the breach or default, provided that acts to cure,
correct or remedy such breach or default are commenced within thirty (30) days and thereafter
diligently pursued to completion, then City may, without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are
cumulative, and the exercise by the City of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the Owner. Any failure or delay by the City in asserting any
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of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth
herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive
the City of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach
shall not be construed as a waiver of any succeeding breach of the same or other covenants,
conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this
Agreement if City determines Owner has breached any of the conditions or covenants of this
Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets
the standards for a qualified historical property. City may also cancel this Agreement if it
determines Owner has failed to rehabilitate the Historic Property in the manner specified in this
Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given
notice and has held a public hearing as required by Government Code Section 50285. Notice of
the hearing shall be mailed to the last known address of each owner of property within 300 feet of
the Historic Property and shall be published in accordance with Government Code Section 6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above,
Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2°Io) 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 John Leldon Gray
Attn.: City Manager Trustee of the Hardwood Street Property
Trust dated February 13, 2018
300 E. Chapman Avenue 11 Canyon Rim Drive
Orange, CA 92866 Newport Beach, CA 92657
18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of
the obligations imposed under this Agreement. The Owner acknowledges and agrees that the
consideration for the execution of this Agreement is the substantial public benefit to be derived
therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed
value of the Historic Property on account of the restrictions on the use and preservation of the
Historic Property.
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19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined
this Agreement does not constitute an enforceable restriction within the meaning of the applicable
provisions of the California Government Code and the California Revenue and T�ation Code,
except for an unenforceability arising from the cancellation or nonrenewal of this Agreement,then
this Agreement shall be null and void and without further effect and the Historic Property subject
to this Agreement shall from that time be free from any restriction whatsoever under this
Agreement without any payment or further act of the parties to this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF
CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the
Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity
authorized to exercise the power of eminent domain, and the acquisition is determined by the City
to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be
imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes
of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action.in eminent domain, the proposed condemnation is
abandoned by the condemning agency,the restrictions on the use of the Historic Property included
in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of
this Agreement shall continue in full force and effect.
r
21. EFFECT OF AGREEMENT. None of the terms,provisions or conditions of this Agreement shall
be deemed to create a partnership between the parties hereto and any of their heirs, successors or
assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered
joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit
of all successors in interest of the Owner. 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 (herein referred to as a
"Transfer"), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give
written notice to the City of such proposed Transfer, including the name(s) of the transferee(s). In
addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through
the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a
form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City
that the transferee(s)has (have) assumed the Owner's obligations set forth in this Agreement.Upon
the Transfer of the Historic Property and the assumption of the obligations hereunder by the
transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be
performed hereunder after the date of such Transfer.
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24. RECORDATION. No later than six (6) months after the parties execute and enter into this
Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder
of the County of Orange.
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 signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City's Director of
Community Development (or his/her designated representative) following approval of this
Agreement by the City. The City shall maintain authority of this Agreement through the City's
Director of Community Development (or his/her authorized representative). The City's Director
of Community Development shall have the authority to issue interpretations,waive provisions and
enter into amendments of this Agreement on behalf of the City so long as such actions do not
change the uses permitted on the Historic Property or the purpose of this Agreement. Such
amendments may include extensions of time or amendments to the projects specified in Exhibit D.
All other waivers or amendments shall require the written approval and consent of the City
Council.
[Remainder of page intentionally left blank;signatures on next page]
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement.
"OWNER"
Dated: , 2018
John Leldon Gray
Trustee of the Hardwood Street Property Trust
dated February 13, 2018
"CITY"
CTTY OF ORANGE, a municipal corporation
Dated: , 2018 By:
Teresa E. Smith
Mayor
ATTEST: APPROVED AS TO FORM:
Robert Zornado Gary A. Sheatz
Chief City Clerk Senior Assistant City Attorney
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ACKNOWLEDGEMENT
A notazy public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me, ,
a Notary Public in and for the State of California,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT "A"
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA,DESCRIBED AS:
THE NORTH 52 FEET OF LOT 23 IN HENRY GROTO'S ADDITION TO
ORANGE AS SHOWN ON A MAP RECORDED IN BOOK 25,PAGE 17 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
[APN 386-072-12]
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EXHIBIT "B"
SECRETARY OF THE INTERIOR'S STANDAId�S FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a
minimal alteration of the building structure, or site and its environment, or to use a property for its
originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment
shall not be destroyed. The removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that
have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development
of a building, structure or site and its environment. These changes may have acquired significance in
their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building,
structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible.In the event
replacement is necessary, the new material should match the material being replaced in composition,
design,color,texture,and other visual qualities.Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availability of different architectural elements from
other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting
and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or
adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material and character of the property,
neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if
such additions or alterations were to be removed in the future, the essential form and integrity of the
structure would be unimpaired.
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EXHIBIT "C"
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings,structures,yards and other improvements shall be maintained in a manner which does not detract
from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated,deteriorating, or unrepaired structures, such as: fences,roofs, doors,walls and windows.
2. Publicly visible storage of scrap lumber,junk,trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles,
automobile parts,furniture, stoves,refrigerators,cans,containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height,
condition, or its inappropriate location.
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EXHIBIT "D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
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EXHIBIT "D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
146 N. Harwood Street
Priority Descri tion of Work Cost Estimate Com letion Date
1 Paint exterior of house and detached garage, $32,000 2018
including repair of deteriorated siding on
both buildings
2 Window repair, including repairing sash $5,000 2018
weight, glazing, and ainting
3 Repair cracked concrete driveway and $5,000 2018
driveway a roach
5 Repair gable window on front (east) $1,850 2019
elevation of house
Replace composition shingle roof on house $22,000 2022
and detached garage
6 Replace knob and tube electric wiring in attic $10,000 2022
of house
7 Seismic retrofit of house foundation $20,000 2028
8 Paint exterior of house and detached garage $15,000 2028
TOTAL $110,850
EXHIBIT "E"
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
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State of California-The Resources Agency Primary# 30-159415 I
DEPARTMENT OF PARKS AND RECREATION HRI# 038781
' PRIMARY RECORD Trinomial o�
i NRHP Status Code 1D
i Other Listings:
Review Code: Reviewer: Date:
Page 1 of 3 'RQSOU�CQ Ndf11B OI'#: HARWOOD_N_146_APN_386-072-12
(Assigned by Recorder)
P7.Other ldentifier:
'P2.Location: ❑ Not for Publication � Unrestricted
"e.County: Orange and (p2b and P2c or P2d. Attach a location map as necessary.)
*b.USGS 7.5'Quad: Date: T ; R , 1/4 of 1/4 of Sec , B.M.
C.Addf'055: 146 - N HARWOOD ST ,# City: Orange ZjP; 92866
fI.UTM: (Give more than one for large and/or linear resources)ZOf12 ' mE/ mN
e.Other Locational Data:
`P30.D@SCflPtlO�: (Describe resource and its major elements.Include design,materials,condition,alterations,size,setting,and boudnaries- Continues on Pg-3.)
Materials: Frame - Wood siding
A single-story bungalow with wide lap siding and double, front-facing gable roof. The entry is on the
side of the forwardmost gable. Ornamental purlins grace the eaves.
*P3b.ReSou�Ce Att�ibutes: (HP2)--Single tamity property
(List attributes and codes) �
*P4.Resources Present: [� Building n Structure ❑ Object � I Site ��� Element of District � � District [ ] Other(Isolates,etc.)
y .: y•�'�"� ^� �r; ;;y:" " 1� PSb.Description of Photo: 2005
,$'����1�:��, t` ����.�,-�4 ._ 4. (View,date,accession#)
1 �
��R
�.,�qk�,+}��:,�z�*; y;,, . _ y;, *P6.Date Constructed/Age and Source:
. � �
'�-° '�,,A:�...: �,.q.' _= _= � 't . „."-�;,.
� . _.._.�. ._.. +�
� .. �. ��,, 1913
�
k, �'�,•yy�`.
��'���� *� • 'r: d Historic � ; Prehistoric ❑ Both
.�M �:�•. ` �.,
.a.
''��� ����� �p��'� "P7.Owner and Address:
"��� � .,� i� t�
�it.� + _"�'�l��r � ..„
� �
�� � � ��� ►�.
{ .1�� - � � .
�' #• j i_ �$ `P8: RECOfd6d by: (Name,affiliation,and address)
M•
ti=r� ��� � I�. Gest, P. LaValley, D.
� '-t. .0 �i:� �� } N:atsumoto
� ; � �� �. � . �� ����
� ��� ��
� .. � .
��� ��� Chattel Architecture
` ,i
��� 73917 Ventura Blvd.
-� � .«
� ,k
� � � _..� S "" % ' .,: � Sherman Oaks, CA 91923
*P9.Date Recorded:
"P11.RCp01't Cltatl011: (Cite survey report and other sources,or enter"none.") Ap r i 1, 7 0 O S
Orange County Assessor Records (2005) . Chattel Architecture (2005)
Historic Resources Survey. AEGIS (1991) Historic Building Inventory *p10.SurveyType: (oescribe)
Updale. HeriLage Oranye County, lnc. (1982) Orange Hisloric Survey. Keconnaissance
*Attachments: � � NONE � � Location Map '�� Continuation Sheet(s) ���� Building,Structure,and Object Record
U Archaeological Record U District Record �J Linear Feature Record � J Milling Station Record I i Rock Art Record
� _J Artifact Record I � Photograph Record � � Other(List):
DPR 523A(1/95) 'Required Information
II State of California-The Resources Agency Primary# 30-159415 I�I
'� DEPARTMENT OF PARKS AND RECREATION HRI# 038781
', BUILDING, STRUCTURE,AND OBJECT RECORD "NRHP Status Code lo II
Page 2 of 3 *Resource Name or#: HARwoo�_1v_146_APN_386-0�2-12
(Assigned by Recorder)
B1.Historic Name: Unknown
62.Common Name:
63.Original Use: REs B4.Present Use: RES
*85.Architectural Style: Bungalow
"'BB.COI1St1'UCt1011 HIStOI'Y:(Constructlon date,atlerations,and dale of alterations) Date of Construction: 1913 �� HISto�IC �,� PfBhlStoflC ❑ BOth
Since the 1982 survey, this structure has been altered with inappropriate shutters. Altered as of 2005:
Infilled/altered porch.
*B7.Moved? �; No ❑ Yes ❑ Unknown Date: Original Location:
*68.Related Features:
*69.Architect or Builder: Unknown
*B10.SignifiCanCe: Theme: Architecture qrea; City of Orange PropertyType: Residence
Period of Significance: old Towne: Early settlement (c. 1870 - 1920) Applicable Criteria: Ac
(Discuss importance in terms of historical or architectural wnte�ct as defined by theme,period.and geographic scope. Also address integrity. Continues on Pg.4.)
St�uCtu�allntegrity: Excellent Condition - Minor and reversible or appropriate changes to original structure.
Site Integrity:
Opportunities:
B11.Additional Resource Attributes: ��isc anr�buces and codes�
*B12.References:
Orange Daily News.
B13.R@R10�k5' (Continues on Pg.3.) (Sketch Map with North arrow required.)
StatUs change since 1991 Survey: None.
*B14.Evaluator: Robert Chattel
*Date of Evaluation: september, 2005
(This space reserved for official commenls.)
DPR 523B(1/95) �Required Information
I State of California-The Resources Agency Primary# 30-159415
iDEPARTMENT OF PARKS AND RECREATION HRI# 038781
j CONTINUATION SHEET Trinomia� ott� �
Page 3 of 3 *Resource Name or#: xARwooD_N_196_aPN_386-072-12
(Assigned by Recorder)
Recorded by:
D. Gest, P. LaValley, D. Matsumoto Date Recorded: April, 2005
Chattel Architecture
13917 ventura alvd. [� Continuation ;_; Update
Sherman Oaks, CA 91923
Years Surveyed: 1982, 1991, 2005 Description of Photo: 1991
Listed in National Register: 199�
General Plan: L�R #of Buildings: 1 ,,,t,,,,_
Planning Zone: R-z-6 #of Stories: 1
Lot Acre: �•lzz� #of Units: 1 � r
A r�
Principal Building Sqft: 1381 !�
. -,., - i;:��� �
B6.Construction History(Continued from Pg.2): ' �: ,�
�
� �,i
� & �'°� �
�� j' � ,�<
J�u'2' A i � � y:l.�
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:�_-..' .. ...... �..
673.Remarks(Continued from Pg.2): 4 �
--� .�__�>�_ ���„ ...
�_ '�,u� , ,.-.�`�F. ��."�'�., .,���:�::��%�;��'� °��""' ��:
P3a.Description(Continued from Pg.1):
DPR 523L(11/98) *Required Information
EXHIBIT "F"
HARWOOD STREET PROPERTY TRUST DATED FRBRUARY 13, 2018
[Attached.]
16
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5.
CITY COLTNCIL MINUTES NOVEMBER 13, 2018
3. CONSENT CALENDAR(Continued)
3.21 Mills Act Contract No. MAC-272.0-18 (Historic Property Preservation Agreement),
375 S. Batavia Street. (AGR-6670)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
3.22 Mills Act Contract No. MAC-273.0-18 (Historic Property Preservation Agreement),
345 N. Harwood Street. (AGR-6671)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
3.23 Mills Act Contract No. MAC-274.0-18 (Historic Property Preservation Agreement),
344 E. La Veta Avenue. (AGR-6672)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
3.24 Mills Act Contract No. MAC-275.0-18 (Historic Property Preservation Agreement),
235 E. Palmyra Avenue. (AGR-6673)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
3.25 Mills Act Contract No. MAC-276.0-18 (Historic Property Preservation Agreement),
664 W. Palmyra Avenue. (AGR-6674)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
3.26 Mills Act Contract No. MAC-277.0-18 (Historic Property Preservation Agreement),
146 N. Harwood Street. (AGR-6675)
NOTE: Mayor Smith recorded an abstention due to a potential conflict with a nearby
property interest.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
3.27 Mills Act Contract No. MAC-278.0-18 (Historic Property Preservation Agreement),
203 S. Olive Street. (6676)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
PAGE 7