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HILLS, I CT n GREEMENT <br />2042 North Vir[oria DrAv <br />Santa Ana. CA 92706 <br />C. This hold harmless provision applies to all dautagc, and claims for darnages <br />sutfered, or alleged to have been suffered, and costs of detense incurred, by reason of the <br />operations referred to in this Agreement regardless of whether or not City prepared, supplied, or <br />approved the plans, sped fiCations or other documents Ibr the Historic Propelty- <br />d. All of the agreements, rights, covenants, conditions, and restrictions contained <br />in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their <br />heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of <br />the Historic Property, whahcr by operation of law on in any manner wltatsocvcr- <br />e. In the event legal proceedings arc brought by any party or parties to enforce or <br />restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to <br />determine the rights and duties of any party hereunder, the prevailing party in such proceeding <br />nray recover all reasonable atlontcy's fees to be fixed by the court, in addition to court costs and <br />Other relief ordered by the court. <br />f. In the event that any of the provisions of this Agreement are held to be <br />unenforceable or invalid by any cotut of competent jurisdiction, or by subsequent preemptive <br />legislation, the validity and enlbrceabilit-y of the remaining provisions, or portion, thcraof. shall <br />not be effected thereby. <br />k. l his Agreement shall be construed and governed in accordance with the laws of <br />the Sidle ofCalill rnia, with venue in Orange County. <br />11. Recordation. <br />No later than twenty (20) days after the parties execute and enter into this Agreement, the <br />City shall cause this Agrccmcnt to be recorded in the office. of the. County RCCOr"dcr- of the <br />C:ouirty of Orange. <br />12. Amendments. <br />This Agreement may be amended, in whole or in part, only by a writtcu recorded <br />instrument excctrted by the parties hereto. <br />13, H'.tfective Date <br />This Agreement shall be effective on the clay and year first written above in Section I - <br />{Signature page lirllows <br />City Council 12 — 8 5/18/2021 <br />