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MILLS ACT AGREEMENT <br /> 944 West Buffalo Avenue <br /> Santa Ana, CA 92706 <br /> b. City does not waive any claim of default by the Owner if City does not enforce or <br /> cancel this Agreement. All other remedies at law or in equity which are not otherwise provided <br /> for in this Agreement or in City's regulations governing historic properties are available to City <br /> to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach <br /> or default under this Agreement shall be deemed to be a waiver of any other subsequent breach <br /> thereof or default hereunder. <br /> 7. Binding effect of Agreement. <br /> a. Owner hereby subjects the Historic Property, located at 944 West Buffalo <br /> Avenue, Assessor Parcel Number, 001-185-17, and more particularly described in Exhibit A, in <br /> the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this <br /> Agreement. <br /> b. City and Owner hereby declare their specific intent that the covenants, conditions <br /> and restrictions as set forth herein shall be deemed covenants running with the land and shall <br /> pass to and be binding upon Owner's successors and assigns in title or interest to the Historic <br /> Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying <br /> the Historic Property or any portion thereof, shall conclusively be held to have been executed, <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 /> contract, deed, or other instrument. <br /> c. This property is listed in the Santa Ana Register of Historical Properties <br /> (Register). In any real property transaction, the owner of this property or the owner's <br /> representative shall provide the buyer of this property with notice that the property is listed on <br /> the City's historic Register. <br /> 8. No Compensation. <br /> Owner shall not receive any payment from City in consideration of the obligation <br /> imposed under this Agreement, it being recognized that the consideration for the execution of <br /> this Agreement is the substantial public benefit to be derived therefrom and the advantage that <br /> will accrue to Owner as a result of the effect 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 by the terms of this Agreement shall be sent to the address of the <br /> respective parties 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 Plaza(M-30) <br /> Santa Ana, CA 92702 <br /> -5- <br />