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RecDoc 2011-155322 - 1842 Whipple Ave - McClellan
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RecDoc 2011-155322 - 1842 Whipple Ave - McClellan
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8/12/2014 5:04:37 PM
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8/12/2014 4:36:17 PM
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Agreement
Contractor Name
Mc Clellan
PROJECT NAME
1842 Whipple Ave
Date
12/15/2011
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c) Owner shall allow reasonable periodic examinations, by prior <br /> appointment, of the interior and exterior of the Historic Property by <br /> representatives of the County Assessor for the County of San Mateo, the <br /> California Department of Parks and Recreation, the California Board of <br /> Equalization, the Historic Resources Advisory Committee and City, as may be <br /> necessary to determine owner's compliance with the terms and provisions of this <br /> Contract, but in any event, there shall be at least one inspection annually by one <br /> or more representatives of the City and the Historic Resources Advisory <br /> Committee. <br /> d) Owner or agent of Owner shall provide written notice of the contract <br /> to the Office of Historic Preservation within six (6) months of entering into this <br /> Contract. <br /> 5. Provision of Requested Information. Owner hereby agrees to furnish City <br /> with any and all information requested by the City which may be necessary or advisable <br /> to determine compliance with the terms and provisions of this Contract. <br /> 6. Cancellation for Breach. City, following a duly noticed public hearing <br /> pursuant to California Government Code Sections 50280, et. seq., may cancel this <br /> Contract if it determines that Owner breached any of the conditions of this Contract or <br /> has allowed the property to deteriorate to the point that it no longer meets the standards <br /> for a qualified historic property. City may also cancel this Contract if it determines that <br /> the Owner has failed to restore or rehabilitate the property in the manner specified in <br /> subparagraph 4(b) of this Contract. In the event of cancellation, Owner may be subject <br /> to payment of those cancellation fees set forth in California Government Code Sections <br /> 50280, et. seq. <br /> 7. Enforcement of Contract. As an alternative to cancellation of the Contract <br /> for breach of any condition, City may specifically enforce, or enjoin the breach of, the <br /> terms of this Contract. In the event of a default under the provisions of this Contract by <br /> Owner, City shall give written notice to Owner by registered or certified mail addressed <br /> to the address stated in this Contract, and if such a violation is not corrected to the <br /> reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected <br /> within such reasonable time as may be required to cure the breach or default if said <br /> breach of default cannot be cured within thirty (30) days (provided that acts to cure the <br /> breach or default must be commenced within thirty (30) days and must thereafter be <br /> diligently pursued to completion by Owner), then City may, without further notice, <br /> declare a default under the terms of this Contract and may bring any action necessary <br /> to specifically enforce the obligations of Owner growing out of the terms of this Contract, <br /> apply to any court, state or federal, for injunctive relief against any violation by Owner or <br /> apply for such other relief as may be appropriate. <br /> City does not waive any claim of default by Owner if City does not enforce or <br /> cancels this Contract. All other remedies at law or in equity which are not otherwise <br /> provided for in this Contract or in City's regulations governing historic properties are <br /> available to the City to pursue in the event that there is a breach or default under this <br /> ATTV/AGR/2011.130/1842 WHIPPLE MILLS ACT CONTRACT Page 3 of 9 <br /> REV:12/06/11 <br />
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