The Historic Preservation Commission shall receive and accept preservation easements, determined by the Commission to be appropriate and acceptable, as follows:
(A) The preservation easements shall be created and conveyed in accordance with the provisions of I.C. 32-23-1 et seq. (“Act”).
(B) The Commission shall receive, accept, administer, monitor and enforce the preservation easements in accordance with the provisions of the Act and rules and regulations adopted by the Commission under the Interlocal Agreement Between St. Joseph County and the City of South Bend dated , as the same may be amended from time to time in accordance with the law.
(C) The Commission may charge any person granting a preservation easement to the Commission a filing fee and an administration fee as such fees may be prescribed by the Commission from time to time. The fees shall be reasonably related to the Commission’s costs of processing, recording and periodically reviewing and monitoring the preservation easements.
(D) The Commission may enforce the terms and provisions of the documents creating any preservation easement and may collect from the person or persons against whom the enforcement is sought the Commission’s costs of enforcement, including without limitation court costs and attorneys’ fees, and the document creating any preservation easement accepted by the Commission shall provide for the payment of enforcement costs.
(E) The Commission may accept a preservation easement only if all persons with an interest in the subject real property at the time that the easement is granted join in the grant and conveyance of the easement to the Commission.
(F) As used herein, PRESERVATION EASEMENT means a non-possessory interest of the Historic Preservation Commission in real property imposing limitations or affirmative obligations for the purpose of preserving the historical, architectural, archaeological or cultural aspects of the real property.
