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MILLS ACT AGREEMENT <br />2377 North Flower Street <br />Santa Ana, CA 92706 <br />Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code <br />Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half <br />(12 %) percent by Government Code Section 50286) of the current fair market value of the <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 />Owner, the City shall give written notice to the Owner by registered or certified mail, and if such <br />a violation is not corrected to the reasonable satisfaction of the City Manager or designee within <br />thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to <br />cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts <br />to cure the breach or default may be commenced within thirty (30) days and shall thereafter be <br />diligently pursued to completion by the Owner), then the City may, without further notice, <br />declare a default under the terms of this Agreement and may bring any action necessary to <br />specifically enforce the obligations of the Owner growing out of the terms of this Agreement, <br />apply to any court, state or federal, for injunctive relief against any violation by the Owner or <br />apply for such relief as may be appropriate. <br />b. The City does not waive any claim of default by the Owner 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 Owner hereby subjects the Historic Property, located at 2377 North Flower <br />Street, Assessor Parcel Number 002-072-11, and more particularly described in Exhibit A, in the <br />City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. <br />-4- <br />