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10-04-18_FULL PACKET
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10-04-18
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10-04-18_FULL PACKET
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50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) <br />percent by Government Code Section 50286) of the current fair market value of the property at <br />the time of the cancellation, as determined by the county assessor, without regard to any <br />restriction imposed pursuant to this Agreement. <br /> <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 /> <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 /> <br />6. Enforcement of Agreement. <br /> <br />a. In lieu of and/or in addition to any provisions to cancel the Agreement as <br />referenced herein, 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 Owners, <br />the City shall give written notice to Owners by registered or certified mail, and if such a violation <br />is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) <br />days thereafter, or if not corrected within such a reasonable time as may be required to cure the <br />breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure <br />the breach or default may be commenced within thirty (30) days and shall thereafter be diligently <br />pursued to completion by Owners), then City may, without further notice, declare a default <br />under the terms of this Agreement and may bring any action necessary to specifically enforce the <br />obligations of Owners growing out of the terms of this Agreement, apply to any court, state or <br />federal, for injunctive relief against any violation by Owners or apply for such relief as may be <br />appropriate. <br /> <br />b. City does not waive any claim of default by the Owners if City does not enforce <br />or cancel this Agreement. All other remedies at law or in equity which are not otherwise <br />provided for in this Agreement or in City’s regulations governing historic properties are <br />available to City to pursue in the event that there is a breach of this Agreement. No waiver by <br />City of any breach or default under this Agreement shall be deemed to be a waiver of any other <br />subsequent breach thereof or default hereunder. <br /> <br />7. Binding effect of Agreement. <br /> <br />a. Owners hereby subject the Historic Property, located at 2011 North Ross Street, <br />Assessor Parcel Number, 002-101-11, and more particularly described in Exhibit A, in the City <br />of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. <br />b. City and Owners hereby declare their specific intent that the covenants, conditions <br />and restrictions as set forth herein shall be deemed covenants running with the land and shall <br />1-13
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