25A - HISTORIC PROPERTY PRESV AGMT NO. 2006-001

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5. Cancellation. MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 a. The City, following a duly noticed public hearing b the City Council as set forth in Goverrunent Code Section 50280, et. seq., may cancel this Agre ment if it determines that the Owner has breached any of the conditions of this Agreement, or !lave allowed the property to deteriorate to the point that it no longer meets the standards for a ( ualified Historic Property, or if the City determines that the Owner has failed to restore or reJlabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is c Incelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as se forth in Goverrunent Code Section 50286. This cancellation fee shall be a percentage (curren ly set at twelve and one-half (12 \1,) percent by Goverrunent Code Section 50286) of the cur ent fair market value of the property at the time of the cancellation, as determined by the coun y assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquak , fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement hall be canceled because, in effect, the historic value of the structure will have been destroyed No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent damain and the City Council determines that the acquisition frustrates the purpose of this Agree nent, this Agreement shall be cancelled and no fee imposed, as specified in Goverrunent Code Se tion 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVISIOns 0 cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin th breach of, the terms of the Agreement. In the event of a default, under the provisions to (ance1 the Agreement by the Owner, the City shall give written notice to the Owner by registere( or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereaft~r, or if not corrected within such a reasonable time as may be required to cure the breach or ~efault, or default cannot be cured within thirty (30) days (provided that acts to cure the breach ( r default may be commenced within thirty (30) days and shall thereafter be diligently pursued t completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the ob1i ations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may b~ appropriate. b. The City does not waive any claim of default by th Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in e uity which are not otherwise provided for in this Agreement or in the City's regulations gOV! ming historic properties are available to the City to pursue in the event that there is a breach oft\.is Agreement. No waiver by 25A-15