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37661. Loan agreements.

California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures · 2026 edition · updated 2026-07-29 · California

The local agency may enter into loan agreements with any participating party or qualified mortgage lender relating to historical rehabilitation of any kind or character. The terms and conditions of the loan agreements may be as mutually agreed upon. Any loan agreement may provide the means or methods by which any mortgage taken by the local agency shall be discharged, and it shall contain any other terms and conditions which the local agency may require. The local agency is authorized to fix, revise, charge, and collect interest and principal and all other rates, fees, and charges with respect to financing of historical rehabilitation. The rates, fees, charges, and interest shall be fixed and adjusted so that the aggregate of the rates, fees, charges, and interest will provide funds sufficient with other revenues and moneys which it is anticipated will be available therefor, if any, to do all of the following:

(a) Pay the principal of and interest on outstanding bonds of the local agency issued to finance the historical rehabilitation as the same shall become due and payable.

(b) Create and maintain reserves required or provided for in any resolution authorizing bonds. A sufficient amount of the revenues derived from historical rehabilitation may be set aside at regular intervals as may be provided by the resolution in a sinking or other similar fund, which is hereby pledged to, and charged with, the payment of the principal of and interest on the bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. The pledge shall be valid and binding from the time the pledge is made. The rates, fees, interest, and other charges, revenues, or moneys so pledged and thereafter received by the local agency shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the local agency, irrespective of whether the parties have notice thereof. Neither the resolution nor any loan agreement by which a pledge is created need be filed or recorded except in the records of the local agency. The use and disposition of moneys to the credit of the sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of bonds. Except as may otherwise be provided in the resolution, the sinking or other similar fund may be a fund for all bonds of the local agency issued to finance the rehabilitation of the historical property of a particular participating party without distinction or priority. The local agency, however, in the resolution may provide that the sinking or other similar fund shall be the fund for a particular historical rehabilitation project or projects and for the bonds issued to finance the historical rehabilitation project or projects and may, additionally, authorize and provide for the issuance of bonds having a lien with respect to the security authorized by this section which is subordinate to the lien of other bonds of the local agency, and, in which case, the local agency may create separate sinking or other similar funds securing the bonds having the subordinate lien.

(c) Pay operating and administrative costs of the local agency incurred in the administration of the program authorized by this part.

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▸ Contents — California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures
California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures
  1. California State Law & Historic Preservation
  2. TABLE OF CONTENTS
  3. INTRODUCTION
  4. Historical Resources
  5. 5020.7. Legislative Intent.
  6. 5022. Landmark and Point of Interest Plaques.
  7. 5025.12.
  8. 5031. Qualified Historical Property.
  9. 5033. Authority to adopt rules.
  10. Heritage Fund
  11. Creation of funds; administration of funds.
  12. Deposits.
  13. 5079.12.
  14. 5079.13.
  15. 5079.14.
  16. 5079.15.
  17. 5079.21.
  18. 5079.40.
  19. 5079.50.
  20. 5079.51.
  21. 5079.61.
  22. Archeological Sites
  23. 5097.1.
  24. 5097.3.
  25. Native American Heritage
  26. California Environmental Quality Act
  27. Public Records
  28. Capitol View Protection
  29. State Capitol Commission
  30. 9149.6.
  31. 9149.7.
  32. 9149.9.
  33. California Main Street Program
  34. 15399.1. Legislative intent.
  35. 15399.4.
  36. Local Government
  37. City Property
  38. 50280. Restriction of property use.
  39. Fees.
  40. 50282. Renewal.
  41. 50284. Cancellation.
  42. 50285. Consultation with state commission.
  43. 50286. Cancellation.
  44. 50287. Action to enforce contract.
  45. 50288. Eminent domain.
  46. 50289. Annexation by city.
  47. 50290. Consultation with state commission.
  48. 65303. Authority for preservation elements.
  49. Human Remains
  50. Hazardous Buildings
  51. 18950. Short title.
  52. 18951. Purpose.
  53. 18952. Application.
  54. 18953. Intent.
  55. 18954. Repairs, alterations and additions.
  56. 18957. Authorized building and fire officials.
  57. 18961. Review enforcement and administration.
  58. 37600. Short title.
  59. 37601. Legislative finding and declaration.
  60. 37603. Request for information by SHPO.
  61. 37621. Fees.
  62. 37622. Service of loans.
  63. 37623. Powers.
  64. 37624. Revenues.
  65. 37625. Rules and regulations.
  66. 37628. Citizen participation.
  67. 37629. Adoption of criteria of selection.
  68. 37630. Prohibition discrimination.
  69. 37631. Limitation of actions.
  70. 37640. Negotiable bonds.
  71. 37641. Serial or term bonds.
  72. 37642. Terms and conditions.
  73. 37643. Personal liability.
  74. 37644. Purchase by local agency.
  75. 37645. Trust agreements.
  76. 37646. Enforcement rights and duties.
  77. 37647. Payment of bonds.
  78. 37648. Refunding bonds.
  79. 37649. Legal investments.
  80. 37650. Exercise of powers for benefit.
  81. 37660. Financing to participating parties.
  82. 37661. Loan agreements.
  83. 37662. Trust funds.
  84. Easements
  85. 815.1. Conservation easement defined.
  86. 815.2. Interest in real property.
  87. 815.3. Entities authorized to acquire.
  88. 815.4. Grantors.
  89. 815.5. Recordation.
  90. 815.9. Political Subdivision; authority to hold comparable eas…
  91. 815.10. Enforceable restrictions.
  92. Historic Property Restriction
  93. 439.1. Historical Property; definitions.
  94. 439.2. Historical Property; valuation.
  95. 439.3. Historical Property; notice of nonrenewal.
  96. 439.4. Historical Property; recordation.
  97. Destruction of Historical Properties
  98. 4850. Authority.
  99. 4853. Application Format.
  100. 4854. Application Procedures.
  101. 4858. Saving Clause.
  102. Appendix A. A Glossary of Terms as used in the California Regi…
  103. CEQA Guidelines (Title 14, Chapter 3)
  104. 15126.4 Consideration and Discussion of Mitigation Measures Pr…
  105. [NOT INCLUDED]
  106. A Glossary of Terms as used in the California Register of Hist…

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