Reso 25-10 0105 PC Reso 979 Arlington Road - Local Historic Landmark and Mills Act Contract

Browse Search

5.Provision of Requested Information. Owner hereby agrees to furnish City with any and all information requested by City which may be necessary or advisable to determine compliance with the terms and provisions of this Contract. 6.Cancellation for Breach. City, following a duly noticed public hearing pursuant to California Government Code Sections 50280, et. seq., may cancel this Contract if it determines that Owner breached any of the conditions of this Contract or that the property has changed to the point that it no longer meets the standards for a qualified historic property. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et. seq. 7.Enforcement of Contract. As an alternative to cancellation of the Contract for breach of any condition, City may bring an action to enforce this Contract. In the event of a default under the provisions of this Contract by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Contract. If such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days thereafter or is not corrected within such reasonable time as may be required to cure the breach or default if said breach of default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract. Upon declaring such a default, City may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Contract; apply to any court, state or federal, for injunctive relief against any violation by Owner; or apply for such other relief as may be appropriate. City does not need to comply with the provisions of this paragraph if canceling the Contract pursuant to Section 6 of this Contract. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies at law or in equity which are not otherwise provided for in this Contract or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach or default under this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 8.Binding Effect of Contract. Owner hereby subjects the Historic Property to the covenants, reservations and restrictions as set forth in this Contract. 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 Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. ATTY/AGR.2025.285/Mills Act Contract (979 Arlington Road) (Page 4 of 11) ATTY/RESO.0105/PC RESO 979 ARLINGTON ROAD (LOCAL HISTORIC LANDMARK & MILLS ACT CONTRACT) - EXHIBIT A 10/28/25 VR