Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <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 because, in <br />èffect, the historic value of the structure will have been destroyed. No fee shall be imposed in <br />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 />detennines that the acquisition fÌ'Ustrates 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. <br /> <br />Enforcement of Agreement. <br /> <br />a. In lieu of andlor 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 Director of Planning and Building <br />or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as <br />may be 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 Owner), 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 Owner 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 />Owner or apply for such relief as may be appropriate. <br /> <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 /> <br />7. Binding effect of Agreement. <br /> <br />R. The Owner hereby subject the Historic Property, located at 2010 North Victoria <br />Drive, Assessor Parcel Number, 002-101-03, and more particularly described in Exhibit A, in the <br />City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. <br /> <br />b. The City and Owner 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 Owner's successors and assigns in title or interest to <br />the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering <br />or conveying the Historic Property or any portion thereof, shall conclusively be held to have <br />been executed, delivered, and accepted subject to the tenants, restrictions, and reservations <br /> <br />-4- <br />258-13 <br />