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3.4 Lien against Property. From and after its execution,this Agreement shall <br /> contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall <br /> constitute a lien against the Property in an amount equal to the total Subject Fees,pursuant to <br /> Government Code section 66007(c)(2). Upon payment to City of the total amount of the Subject <br /> Fees for the Property, City shall, at the request of the Owner, execute and record in the Official <br /> Records of the County of Orange, California, a release of the lien from the Property in <br /> substantially the form of Exhibit"C" which is attached hereto and incorporated herein by this <br /> reference. At the request of the Owner, the City shall deliver a copy of the executed and recorded <br /> release of the lien to Owner. <br /> 3.5 Covenants Run With Land.Notwithstanding Section 3.6, each and all of the <br /> promises, covenants and conditions of this Agreement and all liens against the Property subject <br /> to this Agreement shall, as provided in Government Code section 66007, run with the Property <br /> and shall be binding upon a party upon having or acquiring any right,title or interest in or to the <br /> Property or any portion thereof. <br /> 3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner <br /> shall notify City in writing within three (3) business days of the sale or transfer of all or any <br /> portion of the Property by Owner. <br /> 3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for <br /> under this Agreement shall not affect the contractual obligation of Owner to pay any and all <br /> Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property <br /> release the Owner of this contractual obligation. <br /> 3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be <br /> construed to be, an approval or a granting of any right or entitlement(vested or otherwise) by <br /> City concerning any development on the Property, or any other project, development or other <br /> construction by Owner within the City. This Agreement does not, and shall not be construed to, <br /> exempt Owner from paying any fees for any entitlements,permits, licenses or other approvals <br /> that may be required by the City or other public entity with jurisdiction over the Property at the <br /> time required by the City or other public entity with jurisdiction over the Property, or any other <br /> project development or other construction by Owner. This Agreement does not, and shall not be <br /> construed to, exempt Owner from any requirement to obtain permits or other discretionary or <br /> non-discretionary approvals as may be necessary for the development,maintenance or operation <br /> of the development on the Property or any other project, development or other construction by <br /> Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner <br /> or the Property from the application or exercise of the City's or any of its related agencies' <br /> power of eminent domain or its police powers, including, but not limited to, the regulation of <br /> land uses, and the taking of any actions necessary to protect the health, safety and welfare. <br /> 3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this <br /> Agreement, or pursuant to any applicable laws,rules or regulations, may be pursued singly, <br /> successively, together or otherwise against the Property, Owner or its transferees, at the sole <br /> discretion of the City. The City's failure to exercise any such right or remedy shall in no event be <br /> construed as a waiver or release of such rights or remedies, or of the right to exercise them at any <br /> later time. <br /> 1525165.2 <br />