§ 13.48.520. Provisions of historical property contracts.

A.

Each historical property contract shall include all of the following:

1.

A description of the landmark property subject to the contract;

2.

A provision that the term of the contract is a minimum period of ten years;

3.

Specific conditions requiring preservation of the landmark property and, where appropriate, restoration and rehabilitation of the landmark property to conform to the rules and regulations of the office of historic preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, the California State Historical Building Code, and the requirements of the city;

4.

Provision for the periodic examination of the interior and exterior of the landmark property by the City of San José and the County of Santa Clara as may be necessary to determine the owner's compliance with the contract, which periodic examination shall occur at least five years after the effective date of the original contract and then at least every five years thereafter;

5.

A requirement that the property owner(s) annually expend an amount equal to a minimum of ten percent of the tax savings attributed to this contract to the preservation and maintenance of the landmark property, and make this documentation available to the City of San José at the time of the periodic examination described above;

6.

A provision that the contract is binding upon, and shall inure to the benefit of, all successors in interest to the owner(s); and that a successor in interest shall have the same rights and obligations under the contract as the original owner(s) who entered into the contract; and

7.

A provision requiring the owner or an agent of the owner to record the contract with the Santa Clara County recorder's office within six months of the effective date of the contract if the contract was not recorded pursuant to the provisions of Section 13.48.530F. below

B.

An historical property contract may contain such other provisions as the city council deems appropriate to ensure the preservation of the landmark property.

(Ords. 23651, 29098.)