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MILLS ACT AGREEMENT <br />2109 North Heliotrope Drive <br />Santa Ana, CA 92706 <br />RECORDING REQUESTED BY: <br />City of Santa Ana <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />Attn: City Clerk <br />20 Civic Center Plaza (M-30) <br />Santa Ana, CA 92702 <br />FREE RECORDING GOVERNMENT CODE §6103 <br />HISTORIC PROPERTY PRESERVATION AGREEMENT <br />This agreement ("Agreement") is made and entered into this November 7, 2011 by and <br />between the City of Santa Ana, a charter city and municipal corporation duly organized and <br />existing under the Constitution and laws of the of the State of California (hereinafter referred to <br />as "City"), and Nicola Fleming (hereinafter referred to as "Owner"), owner of real property <br />located at 2109 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange <br />and listed on the Santa Ana Register of Historical Properties. <br />RECITALS <br />A. The City Council of the City of Santa Ana is authorized by California <br />Government Code Section 50280 et seq. (known as the "Mills Act") to enter into <br />contracts with Owners of qualified historical properties to provide for appropriate <br />use, maintenance, rehabilitation and restoration such that these historic properties <br />retain their historic character and integrity. <br />B. The Owner possesses fee title in and to that certain qualified real property <br />together with associated structures and improvements thereon, located at 2109 <br />North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described <br />in Exhibit "A," attached hereto and incorporated herein by reference, and <br />hereinafter referred to as the "Historic Property". <br />C. The Historic Property is officially designated on the Santa Ana Register of <br />Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana <br />Municipal Code. <br />D. The City and the property owner, for their mutual benefit, now desire to enter into <br />this Agreement which defines and limits the use and alteration of this Historic <br />Property in order to enhance and maintain its value as a cultural and historical <br />resource for the Owner and for the community; to prevent inappropriate <br />alterations to the Historic Property and to ensure that repairs, additions, new <br />building, and other changes are appropriate; and to ensure that rehabilitation and <br />maintenance are carried out in an exemplary manner. <br />EXHIBIT 3 <br />-1- <br />25C-11