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25A - AGMT - MILLS ACT
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25A - AGMT - MILLS ACT
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Last modified
11/2/2017 4:46:48 PM
Creation date
11/2/2017 4:41:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
25A
Date
11/7/2017
Destruction Year
2022
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MILLS ACT AGREEMENT <br />Sawa Ana, CA 927 <br />under the terms of this Agreement and may bring any action necessary to specifically <br />enforce the obligations of the Owner growing out of the terms of this Agreement, apply <br />to any court, state or federal, for injunctive relief against any violation by the Owner or <br />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 <br />not enforce or cancel this Agreement. All other remedies at law or in equity which are <br />not otherwise provided for in this Agreement or in the City's regulations governing <br />historic properties are available to the City to pursue in the event that there is a breach <br />of this Agreement. No waiver by the City of any breach or default under this Agreement <br />shall be deemed to be a waiver of any other subsequent breach thereof or default <br />hereunder. <br />7. Binding effect of Agreement. <br />a. The Owner hereby subject the Historic Property located at <br />, Santa Ana, California, 92706, Assessor Parcel Number, <br />and more particularly described in Exhibit A, in the City of <br />Santa Ana, to the covenants, reservations, and restrictions as set forth in this <br />Agreement. <br />b. The City and Owner hereby declare their specific intent that the <br />covenants, reservations and restrictions as set forth herein shall be deemed covenants <br />running with the land and shall pass to and be binding upon the Owner's successors <br />and assigns in title or interest to the Historic Property. Every contract, deed, or other <br />instrument hereinafter executed, covering or conveying the Historic Property or any <br />portion thereof, shall conclusively be held to have been executed, delivered, and <br />accepted subject to the tenants, restrictions, and reservations expressed in this <br />Agreement regardless of whether such covenants, restrictions and reservations are set <br />forth in such contract, deed, or other instrument. <br />8. No Compensation. <br />Owner shall not receive any payment from the City in consideration of the <br />obligation imposed under this Agreement, it being recognized that the consideration for <br />the execution of this Agreement is the substantial public benefit to be derived therefrom <br />and the advantage that will accrue to the Owner as a result of the effect upon the <br />assessed value of the property on the account of the restrictions on the use and <br />preservation of the Historic Property. <br />9. Notice. <br />Any notice required by the terms of this Agreement shall be sent to the address <br />of the respective parties as specified below or at other addresses that may be later <br />specified by the parties hereto. <br />-5- <br />25A-7 <br />
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