FULL AGENDA PACKET_2021-05-18 - Laserfiche WebLink

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:HILLS ACT AGREEMENT 2042 North I it wriu Drive SaWd Amr. CA 92706 C. I his hold hamiless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of delense inetured, by reason of the operations rcl'crrcd to in this Agreement regardless of whether or not City prepared, aupp]icd, or approved the plans, specifications or other documents for the Historic Property. d- All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties lrcacin, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the llistnric Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of au_v of the covenants, reservations, or restrictions contained herein, or to determine the rights and clutics of any party hereunder, the prevailing parry in suelt proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and oilier relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be. unenforceable or invalid by any court of competent jurisdiction, or by sUibsequent preemptive legislation, the validity and enforceability of the remaining provisions, or porrions thereof, shall not be effected ihcrchy- g. This Agreement sliall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the ofirce of the t'ounty Recorder of the County of 01`ange- 12. Amendments. Phis Agreement may be amended, in whole or in part, only by a written recorded insu-ument executed by the parties hereto- 13, Rtfective Date This Agreement shall be effective on the day and year first written above in Section 1- {Signature page follows, City Council 12 — 32 5/18/2021