The required provisions of a Historical Property Contract shall be those required by California Government Code Sections 50281 and 50282, including, but not limited to:
(a) a minimum term of 10 years;
(b) the owner's commitment and obligation to preserve and, when necessary, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code;
(c) permission for periodic examination of the interior and exterior of the premises by State and local officials as may be necessary to verify the owner's compliance with the agreement;
(d) a provision binding all successors in interest of the owner to the benefits and burdens of the contract;
(e) a requirement that the owner provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract;
(f) automatic annual renewal(s) of the contract, absent timely written notice of nonrenewal by the owner or the City, as prescribed in Section 50282(a).
Additionally, the contract shall require that the owner furnish the City with any information requested to determine the eligibility of the property. The contract shall state that the City may cancel the contract if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a Historic-Cultural Monument or Contributing Structure, and that the City may also cancel the contract if the City determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract. The contract shall also state that if the City does cancel the contract for the above reasons the owner shall pay the State of California a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation, as determined by the County Assessor without regard to any restriction on the property imposed pursuant to the Historical Property Contract.
The contract shall also provide that in the event preservation, restoration or rehabilitation becomes infeasible due to damage caused by natural disaster (e.g., fire, flood, earthquake, etc.), the City may cancel the contract without the owner being required to pay the State of California the above-referenced cancellation fee as a penalty. However, in such event, no contract shall be cancelled by the City unless the Cultural Heritage Commission determines, after consultation with the State Office of Historic Preservation pursuant to Public Resources Code Section 5028, that preservation, restoration or rehabilitation is infeasible.
The Department of Planning ("Department") shall maintain a sample "Historical Property Contract" containing all required provisions specified by this section. Contracts submitted on the City's form shall be deemed to contain all provisions necessary for a Historical Property Contract with the City. Additional provisions desired by the owner shall be subject to approval by the City Council and the City Attorney.
SECTION HISTORY
Added by Ord. No. 171,413, Eff. 12-28-96.
Amended by: Ord. No. 176,293, Eff. 1-1-05.