FULL AGENDA PACKET_2021-05-18 - Laserfiche WebLink

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:HILLS ACT AGREEMENT 2042 North Victoria Drive Santa Amr. CA 92706 property at the time of the cancellation, as detenrrined by the county assessor, without regard to any restriction imposed pta-suanl to this Agreement- b- 11' the Historic Property is destroyed by earthquake, tire, 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 immecliatcly 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 (nod or natural disaster. c- 1f the. Historic Property is acquired by cnnincnt domain and dnc City Council determines that the acquisition fnrstrates thee purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to canect the Agreennent as rcti;rcnced 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 ('ity shall give written notice to Owner by registered or certified omit, and if such zr violation is not connected to the rcasmnable satisfaction of the laity Manager or designee. within thirty (30) clays thereafter, or if not corrected within such a reasonable time as may be required to cute the breach or default, or default cannot be cured within thirty (30) clays (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter he diligently ptn-suetl to completion by Owner), then City may, without further notice, declare a default under the teiin, of this Agreement and tnay bring any action necessary to specifically enforce the obligation, of Owner growing out of the terms of this Agrcetncttt, apply to any cuttrt, state Or federal, for injunctive relief against any violation by Owner or apply for such relief as may be app rop ri a I e. b. City does not waivec any claim of dctault by the Owner if City does not cnforec or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agrcennant- No waiver by City of any hrcach or default under this Agreernent shall be deemed to be a waiver of any Other subsequent breach thereof or default hercundcr. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2042 North Victoria Drive, Assessor Parcel Numbcr, 002-111-37, and moan particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b- City and Owner horehy declare their specific. intent that the covenants, conditions and resrctions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assign; in title or interest to the Historic Properry. Cvcry contract, deed, or other itstrtuncnt hercivaticr executed, covering m conveying City Council 4 12 — 30 5/18/2021