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5. Compliance Determination. The owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. s. Cancellation. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50284., may cancel this agreement if it determines that the owners have breached any of the conditions of this agreement or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or if the City determines that the owners have failed to restore or rehabilitate the property in the manner specified in Exhibit A. If a contract is cancelled for these reasons, the owner shall pay a cancellation fee to the County. Auditor as set forth in Government Code Section 50286, which states that the fee shall be 12'/2% of the full value of the property at the time of the cancellation without regard to any restriction imposed with this agreement. If the property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. If the historic property is destroyed by earthquake, fire, flood or other natural disaster, such that in the opinion of the Chief Building Official more than 50% of the structure, or historical fabric, must be replaced, this agreement may be canceled because in effect the historic value of the structure will have been destroyed. Determination of the extent of damage shall be in accordance with Section 4-2008 C of the Zoning Code. No fee shall be imposed in the case of destruction by acts of God or natural disaster. 7. Enforcement of Agreement. 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 terms of this agreement. In the event of a default under the provisions of this agreement by the owner, the City shall give written notice to the owner by registered or certified mail addressed to the address stated in this agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default or said breach or 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 the owner), then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the owner pursuant to the terms of this agreement, apply for injunctive relief against any violation by the owner, or apply for such other relief as may be appropriate. The City's right to enforce this agreement pursuant to this paragraph shall in no way limit or restrict its rights or legal remedies arising from the City's Historic Preservation Ordinance or Municipal Code. The City does not waive any claim of default by the owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which 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 Mills Act Contract June 8, 2010 857 Estudillo Avenue Page 3 of 5