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8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, <br />hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and <br />restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable <br />servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be <br />binding upon Developer and all persons having any right, title or interest in the Property, or any <br />part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and <br />its successors and assigns, and may be enforced by City and its successors and assigns. The <br />covenants established in this Agreement shall, without regard to technical classification and <br />designation, be binding for the benefit and in favor of City and its successors and assigns, and the <br />parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of <br />City, without regard to whether City is or remains an owner of any land or interest therein to which <br />such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor <br />of all real property owned by City which real property shall be deemed the benefited property of <br />such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to <br />all real property owned by City and running with the Property in accordance with the provisions <br />of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions <br />contained herein shall also constitute easements in gross running in favor of City. City is deemed <br />the beneficiary of the terms and provisions of this Agreement and of the covenants running with <br />the land, for and in its own right and for the purposes of protecting the interests of the community <br />and other parties, public or private, in whose favor and for whose benefit this Agreement and the <br />covenants running with the land have been provided. Developer hereby declares its understanding <br />and intent that the burden of the covenants set forth herein touch and concern the land and that the <br />Developer's interest in the Property is rendered less valuable thereby. Developer hereby further <br />declares its understanding and intent that the benefit of such covenants touch and concern the land <br />by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by <br />furthering the health, safety, and welfare of the residents of City. <br />9. MISCELLANEOUS <br />9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth <br />and contain the entire understanding and agreement of the parties, and there are no oral or written <br />representations, understandings or ancillary covenants, undertakings or agreements which are not <br />contained or expressly referred to herein. No testimony or evidence of any such representations, <br />understandings or covenants shall be admissible in any proceeding of any kind or nature to <br />interpret or determine the terms or conditions of this Agreement. <br />9.2 Amendment. Any alteration, change or modification of or to this Agreement, in <br />order to become effective, shall be made in writing and in each instance approved by the City <br />Council and signed on behalf of each party. Any requested alteration, change or modification of <br />the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as <br />applicable, for the City's review of the request. Each alteration, change, or modification to this <br />Agreement shall be recorded against the Site in the Official Records of Orange County, California. <br />17 <br />60A-27 <br />