Agenda Packet_2026-02-17 - Laserfiche WebLink

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1032/028269-0007 15373821.8 a02/09/26 Exhibit “C” -3- 3.6. All obligations imposed upon Grantee herein shall bind any and all successors of Grantee (subject to Section 7 below). 4.If Grantee breaches any of the Covenants Running with the Land above, Grantee shall have fourteen (14) days following written notice of default from the Grantor to cure such default. In the event Grantee fails to cure such default, Grantee shall be liable for liquidated damages in accordance with the Agreement. 5.All covenants contained in this Micro-Farm Covenant shall be covenants running with the land and equitable servitudes thereon. The covenants contained in Sections 3 and 4 herein shall automatically terminate upon (a) thirty (30) years from the date the Micro-Farm Covenant is recorded; or (b) Grantee’s payment of liquidated damages in accordance with the Agreement, without further notice or documentation. 6.The covenants contained herein shall be binding for the benefit of Grantor, the City of Santa Ana and, if applicable, any successor in interest to said parties. Such covenants shall run in favor of the Grantor and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. The right to exercise all of the right and remedies, and to maintain any actions at law or suits in equity or contained in this Micro-Farm Covenant shall be for the benefit of and shall be enforceable only by the Grantor and such aforementioned parties. Notwithstanding anything to the contrary in this Micro-Farm Covenant, no default by Grantee hereunder shall result in any forfeiture of fee title to the Property. 7.Nothing in this Micro-Farm Covenant shall restrict Grantee from unencumbering the Property with a deed of trust or mortgage. Any amendment to these Micro-Farm Covenant shall require the consent of any mortgagee. No portion of this Micro-Farm Covenant or any amendment or violation thereof shall operate to defeat or render invalid, in whole or in part, the rights or protection of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property. Notwithstanding anything in this Micro-Farm Covenant to the contrary, in the event of any foreclosure or deed -in-lieu of foreclosure by lender holding a deed of trust or mortgagee on the Property, any successor owner shall acquire fee title to the Property free of any obligations under this Micro-Farm Covenant. 8.The covenants contained herein shall be deemed to be covenants running with the land and shall bind and benefit future purchasers, encumbrances and transferee. [Signatures on following page] City Council 17 – 94 2/17/2026