FULL AGENDA PACKET_2021-05-18 - Laserfiche WebLink

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HILLS, I CT AGREEMENT 2042 North Vir[oria Drive Saata Ana. CA 92706 properly at the lime of the cancellation, as determined by the county as�e�sUr, Without regard to arty restriction imposed pursuant to this Aorecmcnt. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building O11icial more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately bccausc, in cttcet, the historic value of the strveture will have been destroyed- No fce shall bc imposed in the case of destruction by acts of God or natural disaster. C. I the historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this A4p•e0111e11t, this Agreement shall he cancelled and no fee imposed, as sped tied in Government Code Section 50288. 6. Enforcement of Agreement. I In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of. the terms of the Agreement- In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and it such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) day; thereafter, or if not corrected within such a reasonable tinge a cony he 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 may be commenced within thirty (30) clays and shall thereafter be diligently pursued err completion by Owner), then City may, without fiuthcr notice, dcclarc it default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the germs of this Agreement, apply to any court, stale or - federal, for injunctive relief against any violation by 0"ner or apply for such relief as may be appr'oprlatc- b. City does not waive any claim of default by the owner if City does not enforce or cancel this A-u cement- All other remedies at law or, in equity which are not otherwise provided for in thil Agreement or in City's regulations governing historicc properties are available to City to pursue in the even that there is a breach of this Agreement. No waiver by 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. I . Owner hereby subjects the Historic Property, located at 2042 North Victoria Drive, Assessor Parcel Number. 002-111-37, and more particularly described in Exhibit A, in Thu City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. h- City and Owner hereby declare their sped fie. intent that the covenant,, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass co and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Fvery ionlracl, deed, or other instrument hereinaller executed, covering or conveying City Council 12 — 6 5/18/2021