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MILLS ACT AGREEMENT <br />935 West Twentieth Street <br />Santa Ana, CA 92706 <br />- 4 - <br />Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half <br />(12 ½) 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, 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 Owner, <br />the City shall give written notice to Owner by registered or certified mail, and if such a violation <br />is not corrected to the reasonable satisfaction of the City M anager 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 Owner), then City may, without further notice, declare a default under <br />the terms of this Agreement and may bring any action necessary to specifically enforce the <br />obligations of Owner growing out of the terms of this Agreement, apply to any court, state or <br />federal, for injunctive relief against any violation by Owner or apply for such relief as may be <br />appropriate. <br />b.City does not waive any claim of default by the Owner if City does not enforce or <br />cancel this Agreement. All other remedies at law or in equity which are not otherwise provided <br />for in this Agreement or in City’s regulations governing historic properties are available to City <br />to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach <br />or default under this Agreement shall be deemed to be a waiver of any other subsequent breach <br />thereof or default hereunder. <br />7. Binding effect of Agreement. <br />a.Owner hereby subjects the Historic Property, located at 935 West Twentieth Street, <br />Assessor Parcel Number, 399-055-06, and more particularly described in Exhibit A, <br />in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in <br />this Agreement. <br />b.City and Owner 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