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HomeMy WebLinkAboutThomas M. Powell and Carrie D. Powell - 2018-11-19 City of Huntington Beach 4 ' File #: 18-516 MEETING DATE: 11/19/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Approve and authorize execution of a Mills Act Agreement between the City of Huntington Beach and Thomas M. Powell and Carrie D. Powell for the purpose of providing property tax relief for owners of qualified properties who wish to use the savings to preserve their historic property Statement of Issue: On November 3, 2014, the City Council adopted Resolution No. 2014-82 establishing the Mills Act Program. The Mills Act Program provides economic incentive to encourage the preservation of historic buildings. One application was received during the application period. Financial Impact: Negligible amount of property tax loss. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Historic Preservation Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property By and Between the City of Huntington Beach and Thomas and Carrie Powell for the Real Property Located at 702 11 th Street Within the City of Huntington Beach (`Mills Act Contract')." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: In 1972, the State of California enacted California Government Code Article 12, Section 50280, more commonly known as the "Mills Act." The Mills Act was enacted as an economic incentive program to encourage the preservation of historic buildings. This legislation provides property tax relief for owners of qualified historic properties who contract with a local government to abide by reasonable preservation requirements. The agreement between the property owner and the City allows the property to be assessed using a different methodology, which results in a reduction of property taxes paid by the property owner. Over one hundred (100) cities throughout the State of California have City of Huntington Beach Page 1 of 3 Printed on 11/15/2018 powered by LegiSlarTll File #: 18-516 MEETING DATE: 11/19/2018 adopted Mills Act programs, including nine (9) in Orange County. The program is strictly voluntary and does not have any impact on those historic property owners who do not wish to participate. The Mills Act requires property owners to enter into a ten (10) year agreement with the City. Property owners may save 50 percent or more on their property tax bill. The savings must be used toward renovation and maintenance. The City will lose sixteen (16) percent of the property tax savings realized by the property owner. The County Assessor's Office calculates the actual savings by determining certain key elements. Commercial and residential properties are calculated differently. These factors include: • Gross Income - Fair Rental Value • Maintenance Costs • Interest Rate as determined annually by the State Board of Equalization • Risk - set by Mills Act Statute (4 percent residential and 2 percent commercial) • Amortization Rate On November 3, 2014, the City Council adopted Resolution No. 2014-82 establishing the Mills Act Program in Huntington Beach. A summary of the program is provided below: • Up to ten (10) eligible applications will be accepted each year between January 1 and March 31 on a first come-first-served basis and submitted to the City Council for approval. Approved agreements will be filed with the County by the end of December in order to meet the property tax deadlines for a tax reduction in the following year. • Eligibility will be limited to the 260 properties identified in Resolution No. 2014-82 or any Federal or State official register of historically significant sites, places, and landmarks. • The application fee of$500 (as established in the Master Fee Resolution) will be paid at the time of application and, if for any reason an agreement is not entered into, a portion of the fee will be refunded based on the amount of staff time spent on the application to that point. In addition to approving the Resolution establishing the Mills Act Program, the City Council also approved the template of the ten-year "Historic Property Preservation Agreement" between the City and property owners who wish to participate in the program. The agreement specifies the standards required for property improvement, required inspections of the work by the City, provisions for annual compliance, and remedies for breach of such agreement. One application was submitted during the application period (January through March 2018). The application has been approved by the Community Development Department. As such, the Historic Property Agreement between the City and the property owner is presented to City Council for approval. Once approved, this agreement will be filed with the County of Orange Tax Assessor's Office no later than December 31, 2018, in order for the property owner to receive the property tax reduction in 2019. As required in the agreement, the property owner will be responsible to furnish any information the City deems necessary to determine ongoing compliance with the terms and provisions of the agreement. City of Huntington Beach Page 2 of 3 Printed on 11/15/2018 powered by Legistar,` File #: 18-516 MEETING DATE: 11/19/2018 Environmental Status: The Mills Act Program is not subject to the California Environmental Quality Act pursuant to Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Historic Preservation Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property By and Between the City of Huntington Beach and Thomas M. Powell and Carrie D. Powell for the Real Property Located at 702 11 th Street within the City of Huntington Beach, California 92648 City of Huntington Beach Page 3 of 3 Printed on 11/15/2018 powered by Legisa.— Document-6323478-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records,Orange County RECORDING REQUESTED BY: Hugh Nguyen,Clerk-Recorder II III II IN1111II II II NO FEE + $ R 0 0 1 0 4 9 2 2 1 0 $ 2018000442901 10:36 am 11127118 90 SCS Al2 21 AND WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 60.00 0.00 0.000.000.00 0.00 City Of Huntington$each Attn: Robin Estanislau P.O. Box 190 - Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT:- HISTORIC PROPERTY PRESERVATION AGREEMENT CONTAINING COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THOMAS AND CARRIE POWELL FOR THE REAL PROPERTY LOCATED AT 702 11th STREET, WITHIN THE CITY OF HUNTINGTON BEACH ("MILLS ACT CONTRACT") This d*owmvt is scAely far dw mrnme business of the,City of Hwtbvtoe Nrch, ss corampleted under Gorernmet Code Sec.27383 end shouktbe recardsd hes of cfrrge. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 11/27/2018 HISTORIC PROPERTY PRESERVATION AGREEMENT CONTAINING COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THOMAS AND CARRIE POWELL FOR THE REAL PROPERTY LOCATED AT 702 JITH STREET, WITHIN THE CITY OF HUNTINGTON BEACH ("MILLS ACT CONTRACT") THIS AGREEMENT is made this 7 day of jj,l� , 20 IF, by and between the City of Huntington Beach, a municipal corporation ("City") and Thomas and Carrie Powell ("Owner"). WHEREAS, California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance; and Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 702 111h Street Huntington Beach, California("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit "A" and incorporated herein by this reference; and By approving this Agreement, the City Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2014 - 82, Section 5; and City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of 1 18-6982/190579 i` chapter 3, Part, 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom, NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 1. EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall be effective and commence on 20 /J' ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. RENEWAL. Upon each anniversary date, beginning at the end of the initial ten year term ("Renewal Date"), an additional one (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. NONRENEWAL. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining. City shall notify the County of Orange of any nonrenewal of this Agreement. 2 18-6982/190579 4. OWNER PROTEST OF CITY NONRENEWAL. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish the City Council with any information which Owner deems relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. STANDARDS FOR HISTORICAL PROPERTY. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Planning and Building or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and 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 (http://ohp.parks.ca.gov/?page_id=21410), the United States Secretary of the Interior's Standards for the Treatment of Historic Properties (http://www.nps.gov/tps/standards/rehabilitation.htm#Guidelines), and the State Historical Building Code. The condition of the exterior of the Historic Property on the effective date of this 3 18-6982/190579 Agreement is documented in photographs attached as Exhibit"B" and incorporated herein by this reference. The Owner shall continually maintain the exterior of the Historic Property in the same or better condition as documented in Exhibit"B." C. Owner shall carry out specific restoration,repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit"C," which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings over the ten (10) year contract period or according to the schedule for Exhibit "C." Each year during the term of this Agreement, Owner shall submit a work plan for implementation of the items listed on Exhibit"C" to City's Director of Planning and Building for possible modifications, review and approval. D. 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 Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement. 6. INSPECTIONS. Upon reasonable advance notice and at Owner's expense, Owner shall allow an initial inspection and second year inspection by City inspectors of the City. Additionally, Owner shall allow reasonable periodic examinations, specific to where the work is being performed, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4 18-6982/190579 Owner shall give priority to, and shall promptly abate, any city or state code violations related to zoning, health or safety issues. 7. PROVISIONS OF INFORMATION OF COMPLIANCE; YEARLY ADMINISTRATIVE FEE. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee as outlined in City's Master Fee Resolution. 8. BREACH OF AGREEMENT; REMEDIES. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the 5 18-6982/190579 Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or Owner failed to restore or rehabilitate the Historic Property in accordance with the terms of this Agreement as per Government Code 50284. If this Agreement is cancelled, under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of Orange as required by Government Code section 50286. The cancellation fee will be equal to 12 1/2 percent of the current fair market value of the property as determined by the county assessor as though the property were free of the contractual restriction. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. DESTRUCTION OF PROPERTY; EMINENT DOMAIN. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in 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 Mayor and City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 6 18-6982/190579 10. WAIVER. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. COVENANTS RUN WITH THE LAND. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 7 18-6982/190579 13. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of Huntington Beach City Manager's Office 2000 Main Street Huntington Beach, CA 92648 Owner: Thomas & Carrie Powell 6922 Church Circle Huntington Beach, CA 92648 14. 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 to be considered joint venturers or members of any joint enterprise. 15. INDEMNITY OF CITY. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the 8 18-6982/190579 payment of all penalties, fines,judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. BINDING UPON SUCCESSORS. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. ATTORNEYS' FEES AND LEGAL COSTS. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, each party shall bear its own attorneys' fees and legal costs, and the prevailing parting in such proceeding shall not be entitled to recover its attorneys' fees and legal costs from the non-prevailing party. 18. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive 9 18-6982/190579 legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. RECORDATION. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. Owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering into the contract. 20. AMENDMENTS. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. GOVERNING LAW AND VENUE. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Orange, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 22. 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 City through the escrow for the Transfer of the Historic Property an 10 18-6982/190579 assignment and assumption agreement in a form satisfactory to the City Attorney of City or other such 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. 23. ENTIRETY. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. REST OF PAGE INTENTIONALLY LEFT BLANK 11 18-6982/190579 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. OWNER: CITY OF HUNTINGTON BEACH A California municipal corporation Mayor City Clerk APPROVED AS TO FORM: City Attorney t.-,V INITIATED AND APPROVED: COUNTERPART Assistant City Manager REVIEWED AND APPROVED: City Manager Attachments Exhibit A: Legal Description of the Property Exhibit B: Photographs of the Property Exhibit C: Proposed Restoration, Repair, Maintenance or Rehabilitation Projects on Historic Property 12 18-6982/190579 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 (J, &e7 ) On/t//0 Z.- .2-D/t before me, • L • �S�/�iQ ?.fl- , Date Here Insert Name and Title of the Officer personally appeared T170^*S 17) 7TiA J1uJ�.zG_ ,4 t�i4,PL/E Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorto whose names ' are subscribed to the within instrument and acknowledged to me that xecuted the same in hisfh ei uthorized capacity(U��,and that by Ns/herAh signaturegon the instrument the persor s� or the entity upon behalf of which the perso (s cted, 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 y and offici seal. P.L.ESPAM Notary Public-California Z Signature Orange County Signature of Nota Public Commission a 2204197 My Comm,Expires Aug 4,2021 Place Notary Seal 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. OWNER: IT 9F GTON BEACH } A alif is m is al co ation Mayor City tlerk APPROVED AS ORM: y orney t W TIATED AND APPROVED: COUNTERPART ssistant City Manager WREVI ND APPROVED: Cit n er Attachments Exhibit A: Legal Description of the Property Exhibit B: Photographs of the Property Exhibit C: Proposed Restoration, Repair, Maintenance or Rehabilitation Projects on Historic Property 12 18-6982/190579 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On November 26, 2018 before me, P. L. Esparza, Notary Public, personally appeared Robin Estanislau and Mike Posey who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 m hand and official seal. 4 P.L.ESPAR2A y z '- � Notary Public-California Orange County Commission#2204197 L My Comm.Expires Aug 4,2021 (Seal) ota Si ature EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: Lots 2 and 4 in Block 710, Wesley Park Section, in the City of Huntington Beach, County of Orange, State of California, as per Map recorded in Book 4, Page 17, Miscellaneous Maps, in the Office of the County Recorder of said County. Except therefrom one-half of all oil, gas, minerals and other hydrocarbons, below a depth of 600 feet, without the right of surface entry, as reserved in instruments of record. APN: 024-043-04 I � I � I I 1 � I� .EX/Y,m 1T AERIAL MAP Burrower.Thomas Powell&Carrie Powell FBe No.: 20171110042TP Properly Add,ess'702 111h St Case No.: Clly'Huntington Beach State:CA Zip:92648 Lender:Parkside Lending i p h Y? y IP.�j _ A t � � a r Subject 702111h St Huntington Beach,CA 92648 i �f J do r 4v r^F ii di CD a a o 10 Af N , M S f a i A 3 § 1 � 4 Exhibit "C" PRESERVATION WORK PROGRAM AND PROPOSED TIME LINE Please list the improvements to take place over the next ten years in order of priority. Listed work should be limited to stabilization and/or maintenance of the historic structure and/or repair of exterior, character-defining features of the historic property. State the anticipated costs of the improvements, including but not limited to materials, labor, permits, and fees. Anticipated construction must be equal or greater than tax savings. Attach additional pages as needed to complete the information below. Year Pro osed Proiect Estimated Cost Paint Exterior of Home $12,000 1. Paint Interior of Home $8,000 2. Refinish Hardwood Floors $9,000 3. 4. Repair/Replace Windows and Screens $12,000 5. Repair/Replace Doors $7,000 Termite/Pest Control/Dry Rot $10,000 6. Repair/Replace Plumbing Fixtures and piping/lines $9,000 T Repair/Replace Architectual Trim/Siding and $7,000 8. Details Repair/Maintain Foundation $15,000 9. 10. Waterproof Decks $8,000 i i Estimated Ten Year Total Costs Please note the estimated cost of proposed restoration and maintenance activities must be equal or greater than the estimated reduction in property taxes. Exhibit "C" PRESERVATION WORK PROGRAM AND PROPOSED TIME LINE Please list the improvements to take place over the next ten years in order of priority. Listed work should be limited to stabilization and/or maintenance of the historic structure and/or repair of exterior, character-defining features of the historic property. State the anticipated costs of the improvements, including but not limited to materials, labor, permits, and fees. Anticipated construction must be equal or greater than tax savings. Attach additional pages as needed to complete the information below. Year Pro osed Pro'ect Estimated Cost Repair/Replace Roof $15,000 1. 2. Repair/Replace Garage Doors $7,000 3. 4. 5. 6. 7. 8. 9. 10. i Estimated Ten Year Total Costs Please note the estimated cost of proposed restoration and maintenance activities must be equal or greater than the estimated reduction in property taxes. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk November 27, 2018 Thomas & Carrie Powell 6922 Church Circle Huntington Beach, CA 92648 Dear Mr. & Mrs. Powell.- Enclosed is a copy of the fully executed and recorded "Historic Property Preservation Agreement Containing Covenants, Conditions and Restrictions Affecting Real Property by and between the City of Huntington Beach and Thomas and Carrie Powell for the Real Property Located at 702 11th Street, Within the City of Huntington Beach (Mills Act Contract")" approved by the Huntington Beach City Council on November 19, 2018. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand