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CITY OF COLTON <br />MILLS ACT AGREEMENT <br />HISTORIC PROPERTY PRESERVATION AGREEMENT <br />THIS AGREEMENT is made and entered into this 4th day of April 2000 by and between the CITY OF <br />COLTON, a municipal corporation (hereinafter referred to as the "City") and, Lafayette Fero and <br />Elizabeth T. Fero (hereinafter referred to as the "owner"). <br />WITNESSETH: <br />A. RECITALS <br />WHEREAS, the Califomia Government Code Section 50280, et seq. authorizes cities to enter into <br />contracts with the owners of qualified historical property to provide for the use, maintenance and <br />restoration of such historical property to retain its characteristics as property of historical significance, and <br />WHEREAS, the Owner possesses fee title in and to certain real property, together with associated <br />structures and improvements thereon, commonly known as and generally located at 1249 North Ninth <br />Street, Colton, California, (hereinafter such property shall be referred to as the "Historic Property"). A <br />legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated <br />herein by this reference; and <br />WHEREAS, on June 21, 1994, the City Council of the City of Colton adopted Resolution No. R-73-94, <br />thereby declaring and designating the Historic Property as a historic landmark no. 42 pursuant to the <br />terms and provisions of Chapter 3, Part 2, Division I of the California Revenue and Taxation Code. <br />B. AGREEMEN <br />NOW, THEREFORE, City and owner, in consideration of the mutual covenants and conditions set forth <br />herein, do hereby agree as follows: <br />1. EffectLvg pate and Tenn of Aureli <br />A. This Agreement shall be effective and commence on April 4, 2000, and shall <br />remain in affect for a term of ten (10) years thereafter. <br />B. Each year upon the anniversary of the effective date, such initial term will <br />automatically extend as provided in Subsection 2, subsection A, below. <br />2. Renewal <br />A. Each year on the anniversary of the effective date of this Agreement (hereinafter <br />referred to as the "renewal date"), one (1) year shall automatically add to the <br />initial term of this Agreement unless notice of non -renewal is mailed as provided <br />herein. <br />B. If either Owner or City desires in any year not to renew the Agreement, Owner <br />or City shall serve written notice of non -renewal of the Agreement on the other <br />party in advance of the annual renewal date of the Agreement. Unless the notice <br />is served by Owner to City at least ninety (90) days prior to the annual renewal <br />date, or served by City to Owner at least sixty (60) days prior to the annual <br />renewal date, one (1) year shall automatically be added to the term of the <br />Agreement. Upon receipt by Owner of a notice of non -renewal from City, owner <br />may make a written protest of the notice of non -renewal. With may, at any time <br />prior to the renewal date, withdraw the notice of non -renewal. <br />C. If either City or Owner serves notice to the other of non -renewal In any year, the <br />Agreement shall remain in effect for the balance of the term then remaining, <br />