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MILLS ACTAGREEMENT <br />1110 West Sixteenth Street <br />Santa Ana, CA 92706 <br />property at the time of the cancellation, as determined by the county assessor, without regard to <br />any restriction imposed pursuant to this Agreement. <br />b. If the Historic Property is destroyed by earthquake, fire, flood or other natural <br />disaster such that in the opinion of the City Building Official more than sixty (60) percent of the <br />original fabric of the structure must be replaced, this Agreement shall be canceled immediately <br />because, in effect, the historic value of the structure will have been destroyed. No fee shall be <br />imposed in the case of destruction by acts of God or natural disaster. <br />C. If the Historic Property is acquired by eminent domain and the City Council <br />determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be <br />cancelled and no fee imposed, as specified in Government Code Section 50288. <br />6. Enforcement of Agreement. <br />a. In lieu of and/or in addition to any provisions to cancel the Agreement as <br />referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the <br />Agreement. In the event of a default, under the provisions to cancel the Agreement by the <br />Owners, the City shall give written notice to the Owners by registered or certified mail, and if <br />such a violation is not corrected to the reasonable satisfaction of the City Manager or designee <br />within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be <br />required to cure the breach or default, or default cannot be cured within thirty (30) days <br />(provided that acts to cure the breach or default may be commenced within thirty (30) days and <br />shall thereafter be diligently pursued to completion by the Owners), then the City may, without <br />further notice, declare a default under the terms of this Agreement and may bring any action <br />necessary to specifically enforce the obligations of the Owners growing out of the terms of this <br />Agreement, apply to any court, state or federal, for injunctive relief against any violation by the <br />Owners or apply for such relief as may be appropriate. <br />b. The City does not waive any claim of default by the Owners if the City does not <br />enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise <br />provided for in this Agreement or in the City's regulations governing historic properties are <br />available to the City to pursue in the event that there is a breach of this Agreement. No waiver by <br />the City of any breach or default under this Agreement shall be deemed to be a waiver of any <br />other subsequent breach thereof or default hereunder. <br />7. Binding effect of Agreement. <br />a. The Owners hereby subject the Historic Property, located at 1110 West Sixteenth <br />Street, Assessor Parcel Number, 405-312-20, and more particularly described in Exhibit A, in <br />the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this <br />Agreement. <br />b. The City and Owners hereby declare their specific intent that the covenants, <br />reservations and restrictions as set forth herein shall be deemed covenants running with the land <br />and shall pass to and be binding upon the Owners' successors and assigns in title or interest to <br />the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering <br />-4- <br />