GALLIAN, GEORGE-2016 - Laserfiche WebLink

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HILLS ACTAGREEMENT 327 E. WeasizingtonAvenue Srairt a Ana, CA 42701 5. Cancellation. a.. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 54280, et, seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the paint that it no longer meets the standards for a. qualified Historic. Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. if a contract is cancelled for these reasons, the Owners shall. pay a cancellations fee to the County Auditor as set forth in Government Cade Section 50286. This cancellation. free shall be a percentage (currently set at twelve and one-half (12''/2) percent by Government Code Section 50286) of the cwTent fair market value of the property at the time of the cancellation, as deter -pined by the county assessor, without regard to any restriction imposed pursuant to this Agreement, b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more that, sixty (60) percent of the origin -at fabric of the structure trust be replaced, this Agreement shall 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 nataral disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition fi-ustrates the purpose of ibis Agreement, this A.greemmt shall be cancelled and no fee imposed, as specified in Government Cade Section 50288. 6. Enfor eenicut of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, render the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified email, and if such a violation is not corrected to the reasonable satisfaction: of die Doputy City Manager for Development Services or designee witfun thirty (30) days thereafter, or if not corrected within such a reasonable tine as may be required to cure the breach or default, or default cannot he cured within thirty (34) clays (provided that acts to cure the breach or default may be commenced within thirty (34) days and shall thcrea.fter be diligently pursued to completion by the Owners), 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 Owners growing out of the terms of this Agreement, apply to any court, state or federal, fear injut-tedve relief against arty 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 for in this Agreement or in the City's regulations governing historic properties are available to the City to piastre in the event that there is a breach of tlAs Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. -4-