03.34 Mills Act 3801 E Fernwood Avenue �
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`���P June 11, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: William Crouch, Community Development Director
REVIEW:. City Manager inance��
1. SUBJECT
Mills Act Contract No. MAC-281.0-19 (Historic Property Preservation Agreement).
2. SUMMARY
A proposal to approve a Mills Act Contract for a contributing residential historic property
in the Eichler Fairhaven Historic District. Estimated costs for repair, rehabilitation and
maintenance performed by the property owner for the minimum ten-year term of this
contract total $74,800. Property owners — Amanda and John Clark. Location — 3801 E.
Fernwood Avenue.
3. RECOMMENDED ACTION
Approve a Mills Act Contract (Historic Property Preservation Agreement) befinreen the
City of Orange and the property owner (Application No. MAC-281.0-19) for the
preservation and rehabilitation of a qualified historic property, and authorize the Mayor
and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The City may incur a loss of property tax of approximately $962 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
meeting. Rehabilitation will generate additional revenues from building permit fees, and
the local economy will benefit from additional work for building contractors and material
suppliers.
ITEM 3•�J� � 06/11/2019
5. STRATEGIC PLAN GOALS
Recognize, promote and preserve Orange's rich heritage, by expanding and
strengthening 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. DISCUSSION AND BACKGROUND
Mills Act Contract No. MAC-281.0-19 is for. 3801 E. Fernwood Avenue, a single-family
residence and contributing property to the Eichler Fairhaven 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 $74,800. Staff
estimates the total tax savings to the property owner over a ten-year period would be
approximately $70,803. 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 and/or 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.
7. ATTACHMENTS
1. Mills Act Contract MAC-281.0-19
2. Photographs of 3801 E. Fernwood Avenue
ITEM 2 06/11/2019
RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
Ciry Clerk
City of Orange
300 E. Chapman Avenue Exempt from recordin,fees pursuant to
Oran�e,California,92866 Gov.Code Sections 6103 and 27383
Property Address:3801 E.Femwood Avenue
APN:094-461-08
Mills Act Contract Number:281.0-19
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MII.LS 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 Dale Clark and Amanda Burns Clark,trustees or their successors in interest of The John and
Amanda Clark Livinb Trust dated Ivlay 22, 2014 and any amendments thereto (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�vith owners of qualified historical properties whereby the owner promises to
preserve and rehabilitate the property in return for a potential reduced property tax assessment; and
WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza
Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic
District, listed in the National Register of Historic Places; the local Old Towne Orange Historic
District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and
Fairmeadow Historic Districts,desibnated by the Orange City Council;and the City desires to promote
the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS,the City is dedicated to the protection and stabilization ofproperty values through
maintaining and upbrading 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 preservin�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; specitically,
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"Provide incentives and expand education efforts for historic preservation"(Goal 3.0,CR-
22); and
WHEREAS,Owner possesses fee simple title in and to that certain real property,tobether with
associated structures and improvements thereon, located at 3801 E. Fernwood Avenue in the City of
Orange, County of Orange, State of California, havina Assessor's Parcel Number 094-461-08 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
W�IEREAS,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 ta:cation 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
I_andmarks,California Points of Historical Interest,or is a contributing property in a locally designated
historic district; and
WHEREAS, Owner, in consideration for abidinb by the terms of this Agreement shall be
entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in
property taYes pursuant to the provisions of the California Revenue and TaYation Code; and
WHEREAS, it is the City's expectation that the Owner �vill use the property tax savinbs
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�vith Section�0280) of Chapter 1, Part 1, Division
1 of Title � 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 follow-s:
1. APPLICABLE LAWS. This Agreeinent is made pursuant to California Government Code
Sections �0280 through�0290 and Article 1.9(commencin�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 Govenlment and Revenue and Tasation 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
sa��in;s any person may realize by enterinb into this Abreement.
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 architechiral 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 EYhibit E.
The Secf•etary �f the Inter•ior•'.s Standal•ds fot• 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, w-here necessary, rehabilitate the Historic Property to conform to the rules and regulations
of the Oftice of Historic Preservation of the California Department of Parks and Recreation, the
Sea�etary of the Interio`•'s Stanclut•ds•fof• Rehubilitation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne and Eichler
Design Standards.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and
expense, to complete,or cause to be completed,the�vork 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 a�ency affected by the construction
of the work or improvements. The Owner accepts responsibility for and shall be responsible for
identification of and compliance tivith all applicable laws pertaininb to the construction and
installation of the work or improveinents described on Exhibit D and the contract or contracts
pertaining thereto. The O�vner 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���ill comply with all applicable local,
state, and federal statutes, regulations, rules, codes (including buildin� codes), ordinances, and
other requirements of governmental authorities now or hereafter in effect ("Applicable Laws")
pertainina 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 (�) years during the Abreement term to determine Owner's compliance with the terms
and provisions of this A�reement. Owner agrees to provide the City with a report as to the status
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of the Historic Property annually �vithin thirty (30) days following each anniversary of the
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 �vhether the Historic
Property has undergone any chanbed 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 O�vner 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
4� days of the due date will be considered a willful breach of this Agreement and may result in
cancellation of the Agreement in accordance with the cancellation terms detailed below.
6. TERM. The term of this Abreement is for a period of ten (10) years. The initial term of this
Agreement shall be from June 11.2019 to and including June 11,2029.
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 aiven 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 Abreement 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 rene�val 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 nonrene�val 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 fumish the City
Council with any information which the Owner deems relevant;and shall fiirnish the City Council
with any infoimation 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 A�reement shall remain in effect for the balance of the period
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remaining since the original execution date if not yet rene�ved, or the last renewal date of the
Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90)days prior to the tenth(10`n)
anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth
(10`�')anniversary thereafter, O�vner 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 O��ner 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(or his/her desi�nee)
regardinb 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 knowledbe, and the advice and recommendations of his/her/their own independently
selected counsel,concernin�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 representin�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 includina, but not
limited to an action to enforce the Agreement by specific perfornlance 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 A;reement. 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
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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 O�vner. Any failure or delay by the City in asserting any
of its right and remedies as to a breach of any of the covenants,conditions or abreements set forth
herein shall not operate as a waiver of such breach or of any such ri��hts 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 ri;hts or remedies. A waiver by the City of a breach
shall not be constnied as a waiver of any succeedinb 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 Ow�ner 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 lonber 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.
1�.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 5028�. 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 Govemment 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 Count}� Assessor as thoubh 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 and Amanda Clark
Attn.: Gity Manager Trustrees of The John and Amanda Clark
Living Trust dated May 22,2014
300 E. Chapman Avenue 3801 E. Fernwood Avenue
Oranbe, CA 92866 Orange, CA 92869
18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of
the obligations imposed under this Agreement. The Owner acl;nowledges 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
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value of the Historic Property on account of the restrictions on the use and preservation of the
Historic Property.
19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined
this Agreement does not constitute an enforceable restriction within the meaning of the applicable
provisions of the California Government Code and the California Revenue and Taxation Code,
e�ccept for an unenforceability arising from the cancellation or nonrene���al of this Agreement,then
this Agreement shall be null and void and w�ithout 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 determininb the value of the F-Iistoric Property so acquired.
If, subsequent to the filin� 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 A�reement shall, without further agreement of the parties, be reinstituted and the terms of
this Agreement shall continue in full force and effect.
21. EFFECT OF AGREEMENT. None of the terms,provisions or conditions of this Agreement shall
be deemed to create a partnership between the parties hereto and any of their heirs, successors or
assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered
joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit
of all successors in interest of the Owner, regardless of the tat exempt status of any subsequent
owner. A successor in interest shall have the same rights and obligations under this Ab eement 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 bive
written notice to the City of such proposed Transfer, including the name(s) of the transferee(s). In
addition,the Ow�ner 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. City shall record a copy of this Agreement with 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 instniment executed by the parties hereto, except that the Director of Community
Development is authorized to amend the list of required projects in Exhibit D.
26. COiJNTERPARTS. This Agreement may be executed in any number of counterparts, eadi of
which shall be deemed an original and all of which shall constitute one and the same a�reement
with the same effect as if all parties had signed the same signature pabe. Any signature pabe 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 desi�nated 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 ar 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.
�Remai�:der of page intentionally left bla�ik;si;natures on next pageJ
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IN WITNESS WHEREOF,the City and the Owner have executed this Agreement.
"O WNER"
Dated: , 2019
John Dale Clark
Dated: .2019
Amanda Burns Clark
"CITY"
CITY OF ORANGE, a municipal corporation
Dated: , �019 By:
Mark A. Murphy
Mayor
ATTEST: APPROVED AS TO FORM:
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� f ', t V\ VL�1
Pamela Coleman Mary E. Bi � ing
City Clerk Senior Assistant City Attorne�
�.
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ACKNOWLEDGEMENT
A notary public or other officer completina this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached,and not the truthfufness,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
�vho proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to
the �vitftin instrument and acknowled;ed to me that he/she/they executed the same in his/her/their autllorized
capacity(ies), and that by his/her/their signature(s)on the instrwnent 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 foregoin�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 ORANGF, STATE OF
CALIFORNIA,DESCRIBED AS:
LO�' 21 OF TRACT NO. 3545, AS SHOWN ON A MAP RECORDF.D IN
BOOK 125, PAGES 1 TO 5 BOTH INCLUSIVE, OF MISCELLANEOUS
MAPS,RECORDS OF ORANGE COUNTY, CALIFORNIA.
[APN 094-461-08]
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EXHIBIT "B"
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
l. Every� reasonable effort shall be made to provide a compatible use for a property, �vhich requires a
minimal alteration of the building structure, or site and its environment, or to use a property for its
ori;inally intended purpose.
2. The distitt�uishinQ original qualities or character of a buildin�, 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 buildin;s, 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 discoura�ed.
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 chan�es may have acquired significance in
their o�vn right,and this si;nificance sllall be reco�nized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship �vhich characterize a building,
structure or site shall be treated witft sensitivity.
6. Deteriorated architectural features shall be repaired rather t4�an rep!aced,�vherever possible.In the event
replacement is necessary, the new material should match the ►naterial bein� replaced in composition,
desig�l,color,teYture,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 stn�ctures shall be undertaken with the gentlest means possible. Sandblasting
and other cleaning methods that�vill damaje the historic buildin��materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeolo;ical resources affected by, or
adjacent to,any project. �
9. Contemporary desijn for alterations and additions to esistina properties shall not be discoura�ed when
such alterations and additions do not destroy significant historical, architectural or cultural material,
and such design is compatible �vith tlle 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 buildin,s,struct�rres,yards and other improvements shall be maintained in a manner which does not detract
from the appearance of the immediate neiahborhood.The followin�conditions are prohibited:
1. Dilapidated,deterioratin�,or unrepaired structtires,sucll as: fences, roofs,doors,walls and windo�vs.
2. Publicly visible stora�e of scrap lumber,junk,trash or debris.
3. Publicly visible stora,e of abandoned,discarded or unused objects or equipment,such as automobiles,
automobile parts, furniture,stoves,refrigerators,cans,containers or similar items.
4. Stajnant water or e�cavations, includin;pools or spas.
�. Any device, decoration, design, structure or ve�etation that is unsi�htly by reason of its hei�ht,
condition,or its inappropriate location. �
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EXHIBIT "D"
REHABILITATION/MAI1V`TENANCE SCOPE OF WORK
3801 E.Fernwood Avenue
Priori Descri tion of Work Cost Estimate Com letion Date
1. Re aint exterior of house $15,000 2020
2. Restore trims around exterior windo��r $800 2020
o enin�s
3. Replace existing spray foam roof system $4�,000 2023
with similar roof s stem
4. Repair dama�ed original vertical groove $10,000 2023
Eichler sidin or re lace only as needed
5. Perform repair to damaged�vood members, $4,000 2023
includinb roof eaves and beams on east
elevation, as recommended in termite
ins ection re ort dated 1/17/2019
TOTAL �74,800
State of Califomla-The Resources Ageacy Primary#. _ .�`hrY�L - �_
DEPARTMENT OF PARKS AN�RECREATION HRI# ` _ ���� �
. _ , ��.-� .,�.-��.M..�r.�
" Trinomial. ��pr FtA '
PRIMARY RECORD � -
NRHP S4atus Code 3D
Other Listings: ' y � �- :
� ReviewCode: f,�����.���.zv..-Reviewe�: zR-µ,�.��_~eV �_�r_ - n'Date���'�-�x� �-�
Page 1 of 3 'Resource Name or#: FE3�iriCOD E 320_ �?h C°�-�51-SS
(Assigned by Recorder)
Pi.Otherldentifier: rai:have^ Tra��
��- ---._ -_.'- -_-.�.._. m------`- -'-�------'__�.�=._n:_.._�.,:..:-=:_-=.�..,.-�__„_:,,_.-..,.-.-._y�__..,��-__...�=-.�z-;�.
'P2.Location: Not for Publication ,�/ Unrestricted
`a.County: _ __ _ O_ange__ _ and (ppb and P2c or P2d.Apach a lacahon map as necessary.)
`b.USGS 7.5'Quad: __._.__',�,:----Fr..,-..--_,__ Date: _��Y--°- T =.-�- R,--�... ... 114 of _ 1/4 of Sec =,�, Y,�-.:_z B.M.
c.Address: 3eG1 - E e^=tt;�rioc� cy� P
�
._=-4'----_--�-.:,-. -,..,�----- -..-_; ._,.,a._,-_... —._�.-..-.x. ,_,- _,__�. :.,._..-,�_>r:_
� ,; ity: 0-3nqe_ i : 92869
d.UTM: (Give more than one tor large and�or linear resources)Zof1e � ' m EI� mN
e.Other Locational Data: �
`P3B.�@SC�IPtlOf1: (Descnbe resource and Rs ma�or olements.Include design,matenals,condition,altorations.srze,settmg,and boudnaries. ConUnues on Pg 3)
Materials:
_ . . ... , .. . ..__,__:
idodel =J-=1� - - �---^--_.-• >.,z__.-.-,_-_. e.-_ra ..
'P3b.ResourceAttributes: IE'�Z)--J'1i1C1� =3CIlIV or.00e-cv
-----��i:�:-._.��.,...��:_.1-�u-,-s,_-=__,.:-.«_.._.-
(List aLtnbutes and codes) - ' -""' -"�"'""'"-'`_'_'—"-'"���
`P4.R2sou�ces Prese�t: v Building Structure Object � Site ; Element of District District Other(isolates,etc.)
PSb.Description of Phato: 2oC5
(View,date,accession#) � �x��� ��f
`P6.Date Constructedl Age and Source:
, `��--y�:
?9E0 c
' " �: � � -..r._—�._ - '-r-..�-_':-
7��' ''• ��' { Historic Prehistoric j Both
,'• ;• r�' d
��.;� �� z .�:?' , I
`= '�:'=�: g `P7.Owner and Address:
�TM�x.':�ui�5rti��'a. _ -^..-...,,�-.. _ '✓'d�
�dt`I¢a¢�,X''S�_� y�.,qw�a. . �t•��, 4.:'�.
� ,..s-�rkj�'" �.�'i����
��r' x. g���� �'��"�
�� ��,. �'',";�.
x, ���� .k.
���r �S�-
"'" "" __'_t�:Y'; 1.. ...L�.
;.s'_, ' - - � `'t„" �.�'�-'- '�� 'P8:Recorded b affiliahon,and address
�-c''."`:" _ .- "`��� Y� (Name, )
-"�'-''_�^�-`-T���- - - _ .`' U. Ges`, P- LaVai_ey
a. ��a"�� '�""-�=_'...�;..�:;.,..'�_c�-. _ _...a=°"r�_ - - - ,.�
��_ �� -- - - - Ctac_ei ::c:li=eccure
13�?17 "I�nt>>ra 81vd.
S�z=r.:�r, Oars, C� 91?23
`P9.Date Recorded:
'P11.RCpOrt CitaflOtl: (Cite survey report and other sources,or enter'none•j Ja��a=f 2�0=
Jracqe Coar��y Assesscr. 3eccrns (� �) . CraT.tel �r,:�:i�ec�c=A (200�)
-_.�.--�z:_�.._r.:_..-:..:._.::_..:..�.,�__.._.:_..zz
r.�st�r'_c 3esou=ces 5:_rv�y.
'P10.Survey Type: �pescribe)
R2co^na_ssance
`Attachments: � NONE Location Map J; Continuation Sheet(s) ✓ Building,Structure,and Object Record
' Archaeological Record District Record ! Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photograph Record i Other(List): _ _ .__ ___ _
DPR 523A(1l95) *Required Information
- --- - - --------------------------- --- -------------------
State of California-The Resources Agency , .Primary# r A-l.,_. .,,,-,.x.__t__�•_�—�.x - ..,,
DEPARTMENT OF PARKS AND RECREATION � HRI# .
BUILDING,STRUCTURE,AND OBJECT RECORD `NRHP Status Code 3o Y• -` _.,"-.,.."_<.,��,.n.___- .x-_.,
Page2 of 3 ' *ResourceNameor#: FER:a?r�OD E_3?Ji_:,P:•; C��-9o1-08
(Assigned by Recorder)
61.Historic Name: ❑;:<ac•�r:
B2.Common Name: �
B3.Original Use: :�=, B4.Present Use: RES
'B5.Architectural Style: Y_d-Centu�v P�odern
'66.CO�StfUGtion HiStory:(Construction date,aUeradons,and date ot a�terations) Date of Construction: _9 oG HIStOfIC Prehistoric ; Both
ercat doer =enlaced, new coping added at roc`li::e.
•B7.Moved? �/ No Yes Unknown Date: _ Original Location: :, _ _ T t. _-
'B8.Related Features:
'69.Architect or Builder. Eicnler Homes - i,. Qui�c�_� �7or.es_
`610.Significance: Theme: �.rch'_=ecty_= Area: icv c' orar.ge PropertyType: �eside-:ce
PeriodofSignificance: E'_chle= Trac:: (c. 19�9 - i9E5�_ _ ApplicableCriteria:
(Diswss importance in terms of historical or architectural con(out as defined by Iheme,period,and geographic scope.Also address integnty.Conhnues on Pg.4.) ¢}
Structurallntegrity: �x:e!1en� �cr.ditior. - M.edica 1�ve= o' -era:io� � e' ?OC�
Site Integrity: 3 T ~ �_ - L
Opportunities . _ ., ,
B11.Additional Resource Attributes: ��;sc attr�e�tes a�d codes�
*B12.References:
Ora-qE Da`_ly Ple:as.
613.Remarks: �cor,c���e5 or,P9.3.} (Sketch Map vnth North arrow required.)
3tacue changa s'_r.�„a :541 �.:r-:=:: C:c� pr�vio��sly _�..rvaye:i.
*614.Evaluator: Rcnert Cha=te�
`Date of Evaluation: Seote:nb=r 2GU5
(This space reserved for offcial comments.�
DPR 5236(1/95) 'Required Information
State of Califomia-The Resources Agency Primary# r X-:.._�_ .,�y�}-���t.y ,:-
DEPARTMENT OF PARKS AND RECREATION HRI# '
CONTINUATION SHEET Trinomial ottP,a � `� "_ ..:�..___� ._...,,.�,�� ;
Page 3 of 3 'Resource Name or#: ^ERDIr;00D_?_'3p1_p?Fi_09�-4E_-OE
(Assignetl by Recorder)
Recorded by:
D. Gaat, _. Las__iay Date Recorded: =an_-_1 200=
C..a,,_z1 h_chitectcre ,.- � . .. . . .�. . .
13;:7 :-_n=cra Blv,. J,Continuation Update
S^erran Oal:s, CA 9:423
Years Surveyed: ?_�05, 2J:� _ Description of Photo:
Listed in National Register:
General Plan: i.�P. #of Buildings: _ 1
Planning Zone: R-'_-8 #of Stories: 1 �
Lot Acre: G.'_��� #of Units: 1
Principal Building Sqft: ZS-�3
66.Construction History(Continued from Pg.2):
B13.Remarks(Continued from Pg.2):
P3a.Description(Continued from Pg.1):
DPR 523L(11I98) 'Required Information
CERTIFdCATION OF TRUST
(California Probate Code Section 18100.�
� In conjunction with the Historic Property Preservation Agreement (Mills Act Contract)
between the undersigned and the City of Orange,John and Amanda Clark, trustees of the John
and Amanda Clark,Living Trust declare and confirm the following facts:
• The John and Amanda Clark, Living Trust is cunently in existence and was created on
May 22, 2014. Said trust has not been revoked, modified, or amended in any manner
which would cause the representations contained herein to be inconect.
• The settlor(s)and/or trustor(s)of the trust are John and Amanda Clark.
• The currently acting trustee(s) of the trust is/are John and Amanda Clark.
• 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.
• The trust property currently includes that certain real property,together with associated
structures and improvements thereon, located at 3801 E. Fernwood Ave. in the City of
Orange,County of Orange,State of C�ifornia,A SS��sor'S p?s�l N�smber AP1�1�.Oq H-46 6-O$
This certification is being signed by all of the currently acring trustees and is being executed in
conformity with the provisions of California Probate Code Section 181(m5.
Dated: � Z� ��� Trustee: �� �
John Dale Clark
Trustee: ������ �>� �G-"`�
Amanda Bums Clark
[Notary acknowledgement]
SEE CALIFORNIAI
ACK OWLEDGME
�ATE;�INll1 , .
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
validi of that document.
State of California
County of Orange �
on , ,�T;( �'�, �j 5 before me, Teresa D. Lewis - Notary Public
(insert name and title of the officer)
personally appeared� �C�VII� `)C�� ('�� � � �A,��,�(;c���/y�V��; �CvY�
,�-12!C
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 f�e/s�h�'e/they executed the same in
hisl�r/their authorized capacity(ies), and that by�r/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. �w� TERESA D. LEWIS
= �'�-1';��= CoMM.#2257499 rp
J � Y� ;t-�� NOTAnY PIJBUC-CAUFORNIA V1
f•" �RANGE CCl;N7Y
cu„�...^� IA'f CoMtd.Ex�.CcT.3,2022�
Signature (Seal)
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