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HILLS, I CT AGREEMENT <br />2042 North Vir[oria Drive <br />Santa Ana. CA 92706 <br />the I Iiswric Properly or any portion thereof, shall conclusively be held to have been CYCCnted, <br />delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this <br />Agreement regardless of whether such covenants, conditions and restrictions are set forth in such <br />txnuract, deed, or other 111strument- <br />8. No Compensation. <br />Owner shall not receive any payment from City in consideration of the obligation <br />unposed under this Agreement, it being reconnized that the consideration for the execution of <br />this Ageement is the substantial publicc benefit to be derived therefrom and the advantage that <br />will accrue to Owner as a result of the etteet upon the assessed value of the Property on the <br />account of the restrictions on the use and preservation of the Property. <br />9. Notice. <br />Any notice required b-y the terms of this Agreement shall be sent TO the address of the <br />respective parries as specified below or at other addresses that may be Later specified by the <br />parties hereto - <br />City: City of Santa Ana <br />20 Civic Center PIa7a (M-30) <br />Santa Ana, C'A 92702 <br />Attn- Clerk of the COnneil <br />Owners: Andres and Lynda Matzkin <br />2042 North Victoria Drive <br />Santa Ana, CA 92706 <br />10. General Provisions. <br />I <br />, None of the terms, provisions', or conditions of this Agreement shall be deemed <br />to create a partnership between the parties hereto and any of'their heirs, successors, or assigns, <br />nor shall such Icons, provisions or conditions cause them to be considered joint ventures or <br />members Ofnyjoint enterprise. <br />h- The Owner agrees to and shall indemnify and hold the ('try and its elected and <br />appointed officials, ol'liccrs, agents, and employees harmless from liability for damage or claims <br />1br damage for personal injuries, including death, and claims for property damage which tna-y <br />arise from the direct or indirect use or operations of the Owner or those of his or her contractor. <br />Subcontractor, agent, employee, or other peNon acting on his or her behalf which relates to the <br />use, operation, anti maintenance of the Historic Property. The Owner hereby agrees to anti shall <br />defend the City and its elected and appointed officials, officers, agents, and employees with <br />respect to any and all actions for damages caused by, of alleged to have been caused by, reason <br />ofthe Owner's activities in conncetion with the Historic Property. <br />City Council S 12 — 7 5/18/2021 <br />