HRC FULL PACKET 2012-06-28 - Laserfiche WebLink

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MILLS ACT AGRLI:ML'NT 217 N, Broadway Sa-r~a A1ra, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Sectian 502$0, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to detez•iorate to the paint that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or z'ehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set Forth in Government Code Sectian 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %} percent by Government Code Section 50286) of the current fair market value of the propez•ty at the time of the cancellation, as determined by the county assessor, witlrout regard to any restriction imposed pursuant to this Agreement. b. If tl~e Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official mare than sixty {60) percent of the original fabric of the strz-eture most be replaced, this Agreement shall be canceled because, in effect, the historic value of the strzzctzzz•e 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 domain and the City Council determines that the acquisition fnzstrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 502$8. 6. Enforcement of Agreement. a. In lieu of andlor in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the tez'ms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by z•egistered or certifzed mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Sezvices oz• designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may Ue required to cure the breach or default, or default cannot be cured within thirty {30) days {provided that acts to cure the breach or default maybe commenced within thirty (30} days and shall thereafter be diligently pursued to 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 obligations of the Ownez• 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 be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement, All other remedies at law or in equity which are not otherwise provided far in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4-