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RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City Clerk City of San Leandro 835 East 14th Street San Leandro, CA 94577 ~~ °~,<~ r . "~; 2909364340 11/19/2009 11; 49 AM OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK O'CONNELL C~<MCpN~T RECORDING FEE: 0.00 INllllllllllllllllllllllllulll~l ~• a• (No fee pursuant to Government Code Section27383) HISTORIC PROPERTY PRESERVATION AGREEMENT AN AGREEMENT BETWEEN THE CITY OF SAN LEANDRO, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, MICHAEL FACKOVEC AND HALDIS M. FEARN, THE OWNERS OF A DESIGNATED HISTORIC MERIT RESOURCE PROPERTY AT 558 JOAQUIN AVENUE. Whereas, the California Government Code Section 50280 et seq. (known as the Mills Act) authorizes cities to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their cultural and historic character and integrity; and Whereas, the City Council approved a policy to use Mills Act agreements to encourage historic preservation; and Whereas, the owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, located at 558 Joaquin Avenue, San Leandro, California (Assessor's Parcel Number 077-525-19-2), (herein referred to as the "Property"); and Whereas, the City and the owner, for their mutual benefit, now desire to enter into this agreement to both protect and preserve the characteristics of historical significance of the Property and to qualify the Property for assessment of valuation pursuant to the provisions of Chapter 3, Part 2 of Division 1 of the California Revenue and Tax Code. Now therefore, the City and the owners, in consideration of the mutual terms and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on October 5, 2009 and shall remain in effect for a term of ten (10) years thereafter. Each year on the anniversary of the effective date of this agreement, such initial term will automatically be extended as provided in California Government Code Section 50282 and in Section 3, below. 2. Notification to State Office of Historic Preservation. The owner or agent of the owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering the contract. 3. Renewal. Each year on the anniversary of the effective date of this agreement, a year shall be automatically added to the initial ten (10) year term of this agreement unless written notice of nonrenewal is served as provided herein.