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FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder When Recorded Mail to: I II I[J JII 111II 1111I I11111IIJ 1111 1111 IIJI [1II 1111111 II NO FEE *$ R 0 0 1 0 2 8 3 8 1 6 8+ City of Santa Ana 2018000296467 2:34 pm 06/14118 20 Civic Center Plaza 227 417 Al2 10 Ross Annex, 2nd Floor (M-20) 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00 Santa Ana, California 92702 Attn: Executive Director, Planning & Building HOLD HARMLESS AGREEMENT 888 N. MAIN STREET,SANTA ANA, CALIFORNIA (EIGHT, EIGHT, 8 - ADAPTIVE REUSE PROJECT) N-2018-162 RECITALS: A. This Hold Harmless Agreement ("Agreement") entered into this 71h day of August, 2018, by the City of Santa Ana, a charter city and municipal corporation ("City") and Eastcom Corp. ("Owner") in response to Owner's request to proceed with the adaptive re -use project at 888 N. Main Street ("Property"). The Property is more particularly described in the Legal Description, attached hereto and incorporated herein as Exhibit A. B. This Hold Harmless Agreement was prepared in response to Owner's request to proceed with permitted work on the project at 888 N. Main Street which is an existing historical building undergoing a change of occupancy from office use to residential under the City of Santa Ana's adaptive reuse ordinance. Owner has requested to proceed with permitted work concurrently with the processing of entitlement approval; and prior to the completion of the structural engineering report ("Report') to assess the extent of seismic retrofitting required for the building for the project to proceed. All work shall be performed with permits and plans that have been reviewed and approved by the City. C. The Owner has reviewed the following hold harmless language detailing the risks with proceeding with construction prior to the engineer's findings in the Report. The Owner has agreed that it will take any and all actions required by the Report. D. The Owner's notarized execution of this Agreement confirms its acknowledgement and acceptance of these risks and waive any claims related to the extent of seismic retrofit required based on an assessment outlined in Exhibit B, attached hereto and incorporated herein.