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Each Party is entering into this Agreement based solely upon the representations set forth herein <br /> and upon each Party's own independent investigation of any and all facts such Party deems <br /> material. This Agreement constituted the entire understanding and agreement of the Parties, <br /> notwithstanding any previous negotiations or agreements between the Parties or their predecessors <br /> in interest with respect to all or any part of the subject matter hereof. <br /> SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid, <br /> illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions <br /> shall continue in full force and effect. <br /> SECTION 12. AMENDMENT. No amendment, modification or supplement of this <br /> Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject <br /> to City approval. The requirement for written amendments,modifications or supplements cannot <br /> be waived and any attempted waiver shall be void and invalid. <br /> SECTION 13. NOTICES. All notices permitted or required under this Agreement shall be <br /> given to the respective Parties at the following addresses,or at such other address as the respective <br /> Parties may provide in writing for this purpose: <br /> OWNER: CITY: <br /> The John C. Hall Trust City of Santa Ana <br /> dated February 25, 2015 Planning and Building Agency, M-20 <br /> 1367 Circle Way PO Box 1988 <br /> Laguna Beach, CA 92651 Santa Ana, CA 92702 <br /> (714) 647-5804 <br /> With a copy to: Planning@santa-ana.org <br /> The John C. Hall Trust <br /> dated February 25, 2015 <br /> The Fieldhouse <br /> Willoughbridge <br /> Market Drayton TF9 4JJ <br /> United Kingdom <br /> And <br /> Hart Kienle Pentecost,APC <br /> Attn: R. Thommarson <br /> 4 Hutton Centre Dr., Suite 900 <br /> Santa Ana, CA 92707 <br /> APPLICANT: <br /> BB Holdings CA, LLC <br /> c/o Dutch Bros <br /> 1930 W. Rio Salado Pkwy. <br /> Tempe, AZ 85281 <br /> Attention: Legal Real Estate <br /> Re: CA7301 Santa Ana <br /> 8 <br />