FULL AGENDA PACKET_2021-05-18 - Laserfiche WebLink

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:HILLS ACT AGREEME,VT 824.Vw•th Gaayleld Street Su@ta Aaa. CA 92701 Section 50286. 1 his cancellation fee shall be a percentage (currently set at twelve and one-half (12 'f_I percent by Go%entment Code Section 50286) of the current fair market value of the property at the lime ol'the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreciucot. b. If the Historic Property is destroyed by earthquake, fire, flood or other natilral disaster such that in the opinion of the City Boilding Official more than sixty (60) percent of the original fabric of the sn2tctur-e must be replaced, this Agreement shall he canceled immediately because, in cllecl, the historic value of the structure will have been destroyed. No fcc shall fie imposed in the 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 Agrecment, this Agreement shall be cancelled and no fee imposed, as specilied in (ovennuent Code Section 502W 6. Enforcement ol'Agreement. a. In lien 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 terns of the Agreement_ in the event of a default, under the provisions to cancel the Aurecntent by Owner, the Cit_v shall give written notice to Owner by registered or certified mail, and if such a violation is nor corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable tine as, may he required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that act, to cure the breach or default tnay be commenced within thirty (30) clays and shall thereafter be diligently pursued u) completion by Owne), then City may, without farther notice, declare a dcfalilt nuclei. the terms of this Agrecment and may bring any action nccessaiy to specifically enforce the obligations of Owner growing out of the terns of this Agreement, apply to any court, stale or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appr'apr'Ii1tC. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agrecment_ All other remedies at law or in equity which arc not otherwise provided for in this Agreement or in City's regulations goventing historic properties are available to City to pursue in the event that there is a breach of this Agrecment. No waive- by City of any breach or detauli under this Agrcencnt shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic. Property, located at 824 North Garfield Street Assessor Parcel Number, 398-042-12, and more 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 hereby declare their speeilic intent that the covenant,, conditions and restrictions as set troth teem shall be deemed covenants ntnnirtg with the land and ,hall City Council 4 12 — 63 5/18/2021