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GRAHAM, GARY AND LORETTA
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Last modified
9/5/2024 9:03:16 AM
Creation date
8/29/2024 11:59:56 AM
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Contracts
Company Name
GRAHAM, GARY AND LORETTA
Contract #
A-2001-058
Agency
Planning & Building
Council Approval Date
3/19/2001
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contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the <br />State Controller as set forth in Government Code Section 50286, which states that the fee <br />shall be twelve and one-half (12 %) percent of the full value of the property at the time of <br />the cancellation without regard to any restriction imposed pursuant to this Agreement. <br />B. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster <br />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 <br />because, in effect, the historic value of the structure will have been destroyed. No fee <br />shall be 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 determines <br />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 />Section 6. Enforcement of Agreement <br />A. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced <br />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 <br />the Owners, the City shall give written notice to the Owners by registered or certified <br />mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy <br />City Manager for Development Services or designee within thirty (30) days thereafter, or <br />if not corrected within such a reasonable time as may be required to cure the breach or <br />default, or default cannot be cured within thirty (30) days (provided that acts to cure the <br />breach or default may be commenced within thirty (30) days and shall thereafter be <br />diligently pursued to completion by the Owners), then the City may, without further <br />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 <br />of this Agreement, apply to any court, state or federal, for injunctive relief against any <br />violation by the 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 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 the City's regulations governing historic properties <br />are available to the City to pursue in the event that there is a breach of this Agreement. <br />No waiver by the City of any breach or default under this Agreement shall be deemed to <br />be a waiver of any other subsequent breach thereof or default hereunder. <br />Section 7. Binding effect of Agreement. <br />A. The Owners hereby subject the historic property, located at 2351 North Park Boulevard, <br />Assessor Parcel Number, 002-133-17, and more particularly described in Exhibit A, in <br />
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