§ 9.55.070. Required provisions of historic property standards.

The required provisions for a contract authorized by this chapter shall include:

(1)

Those provisions required by applicable State law.

(2)

Additional provisions required by the City, including, but not limited to:

a.

The term of the contract shall be a minimum of ten years. On the anniversary date of the contract, or such other date as specific in the contract, a year shall be automatically added to the initial term of the contract unless a notice of nonrenewal is given to the owner at least 60 days prior to the renewal date. In the event the property owner chooses to terminate the contract, then the property owner shall provide the City Manager with a notice of nonrenewal at least 90 days prior to the renewal date.

b.

The contract agreement is to assist in the preservation of the historic resource; therefore, restoration and rehabilitation of the property shall conform to the rules and regulations of the State Office of Historic Preservation (Department of Parks and Recreation) and the United States Secretary of the Interior standards.

c.

The owner agrees to permit periodic examination of the interior (if applicable) and exterior of the premises by the County Assessor, the State Board of Equalization, the State Department of Parks and Recreation and the City, as may be necessary to verify the owner's compliance with the contract agreement, and to provide any information requested to ensure compliance with the contract agreement. The owner further agrees to allow the City to photograph the historic property.

d.

In addition to the requirement in Subsection (2)c of this section, the contract shall require the owner to file an annual report identifying progress of implementing the work plan or restoration or rehabilitation with the City until the work has been completed to the satisfaction of the City Manager. Thereafter, during the term of the contract, on an annual basis, the owner shall provide a report on the maintenance of the property, which report may require documentation of the owner's expenditures and actions taken to maintain the qualified historic property.

e.

The contract shall be binding on all successors in interest of the owner to the benefits and burdens of the contract. It shall stipulate escrow instructions that require a review and re-evaluation every three years.

f.

The City shall provide written notice of the contract to the State Office of Historic Preservation within 180 days of entering into the contract.

g.

The contract shall state that the City may cancel the contract after a duly noticed public hearing 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 significance under which it was designated (Government Code §§ 50284 and 50285).

h.

The contract shall state that if the City cancels the contract pursuant to Subsection (2)g of this section, the owner shall pay the State a cancellation fee of 12½ percent 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 by the historic property contract.

i.

That contract shall provide that, as an alternative to cancellation, the City may bring an action for specific performance or other action necessary to enforce the contract.

j.

The contract shall also provide that, in the event preservation, rehabilitation, or restoration becomes infeasible due to damage caused by natural disaster (e.g., earthquake, fire, flood, etc.), the City may cancel the contract without requiring the owner to pay the State the cancellation fee referenced in Subsection (2)h of this section as a penalty. However, in this event, a contract shall not be cancelled by the City unless the City determines, after consultation with the State Office of Historic Preservation, in compliance with Public Resources Code §§ 50284 and 50285, that preservation, rehabilitation or restoration is infeasible.

k.

The contract shall be recorded by the County Recorder's office and shall be binding on all successors-in-interest of the owner to the benefits and burdens of the contract. The City Clerk shall record the contract, at the applicant's cost, no later than 20 days after the City enters into the contract.

l.

The contract may provide that modifications to the approved work plan require review and approval by the Planning Commission.

(3)

The City Manager and the City Attorney shall prepare and maintain a sample Mills Act contract with all required provisions specified by State law and this section.

(Ord. No. 328, § 1(9.04.100.070), 5-21-2013)