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MILLS ACTAGREEMENT <br />Address <br />Santa Ane, CA 9270 <br />S. Cancellation. <br />a. The City, following a duty noticed public hearing by the City Council as set forth <br />in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the <br />Owners have breached any of the conditions of this Agreement, or have allowed the Historic <br />Property to deteriorate to the point that it no longer meets the standards for a qualified Historic <br />Property, or if the City determines that the Owner has failed to restore or rehabilitate the property <br />in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these <br />reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government <br />Code Section 50286. This cancellation 'fee shall be a percentage (currently set at twelve and one- <br />half (12 %) 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 percent (60%) of <br />the original fabric of the structure must be replaced, this Agreement shall be canceled because, in <br />effect, 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, force majeure, 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 Govermncnt 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, the City may specifically enforce, or enjoin the breach of, the terms of the <br />Agreement. In the event of a default, tinder the provisions to cancel the Agreement by the <br />Owners, the City shall give written notice to the Owner by registered or certified mail, and if <br />such a violation is not corrected to the reasonable satisfaction of the City Manager or designee <br />within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be <br />required to cure the breach or default, or default cannot be cured within thirty (30) days <br />(provided that acts to etre the breach or default may be commenced within thirty (30) days and <br />shall thereafter be diligently pursued to completion by the Owners), 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 Owners 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 />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 />-4- <br />25F-8 <br />