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nVttzSACTAGREEMEtvr [Addrenl Santa Ana, CA 9270 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 than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed; No fee shall be imposed iinthe 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 frustrates the purpose of this ;Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Govermnent Code Section 50288_ $, Enforcement 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 teams of the Agreement. In the ,event of a default, ander the provisions to cancel the Agreetnent, by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (3 0) days thereafter, or if not corrected within such a reasonable time as may be required to care the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall -thereafter be: diligently pursued to completion by the Owner), then the City may, without farther notice, declare a default tinder the terms of this Agmet rent and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terama of this Ag-eement, 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 cnforce or cancel this Agreement. All other remedies at taw or in equitywhich are not otherwise provided for 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 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. 7. Binding effect of Agreement, a. The Owners hereby subject the Historic Property, located at Address Assessor Parcel Number [Number], and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reset vations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors acid assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, coveting or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants; restrictions; and reservations -4- 251-6