§ 12-1705. REQUIRED CONTRACT PROVISIONS.  


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  • Any contract entered into under this article shall contain the following provisions:

    (a)

    A minimum term of ten years;

    (b)

    A provision obligating the owner 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 Secretary of the Interior's Standards for the Treatment of Historic Properties, and the State Historical Building Code;

    (c)

    A provision granting city officials permission to inspect the interior and exterior of the premises, prior to the execution of a new contract, and every five years thereafter, to determine the owner's continued compliance with the contract;

    (d)

    A provision binding all successors in interest of the owner to the benefits and burdens of the contract;

    (e)

    Automatic annual renewal(s) of the contract, absent timely written notice of nonrenewal by the owner or the city, as discussed in Section 12-1709, and prescribed by Government Code Section 50282(a);

    (f)

    A provision requiring the owner furnish the city with any information the city requests in order to enable the city to determine the eligibility of the property involved; and

    (g)

    A provision requiring the owner or agent of the owner to provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract.

    The Development and Resource Management Department shall maintain a sample "Historical Property Contract" containing all required provisions specified by this article and Government Code Sections 50280-50290. 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 or the agent of the owner shall be subject to approval by the Director of the Development and Resource Management Department and the City Attorney.

(Added Ord. 2016-51, § 1, eff. 1-15-17).