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i0a:11-111 a
<br />Fees for the Property, City shall, at the request of the Owner, execute and record in the Official
<br />Records of the County of Orange, California, a release of the lien from the Property in substantially
<br />the form of Exhibit "C" which is attached hereto and incorporated herein by this reference. At the
<br />request of the Owner, the City shall deliver a copy of the executed and recorded release of the lien
<br />to Owner.
<br />3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the
<br />promises, covenants and conditions of this Agreement and all liens against the Property subject to
<br />this Agreement shall, as provided in Government Code section 66007, run with the Property and
<br />shall be binding upon all parties having or acquiring any right, title or interest in or to the Property
<br />or any portion thereof.
<br />3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall
<br />notify City in writing within two (2) business days of the opening of any escrow for the sale or
<br />transfer of all or any portion of the Property.
<br />3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for
<br />under this Agreement shall not affect the contractual obligation of Owner to pay any and all Subject
<br />Fees for the Property, nor shall the sale, lease or any encumbrance of the Property release the
<br />Owner of this contractual obligation.
<br />3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be
<br />construed to be, an approval or a granting of any right or entitlement (vested or otherwise) by City
<br />concerning any development on the Property, or any other project, development or other
<br />construction by Owner within the City. This Agreement does not, and shall not be construed to,
<br />exempt Owner from paying any fees for any entitlements, permits, licenses or other approvals that
<br />may be required by the City or other public entity with jurisdiction over the Property at the time
<br />required by the City or other public entity with jurisdiction over the Property, or any other project
<br />development or other construction by Owner. This Agreement does not, and shall not be construed
<br />to, exempt Owner from any requirement to obtain permits or other discretionary or non -
<br />discretionary approvals as may be necessary for the development, maintenance or operation of the
<br />development on the Property or any other project, development or other construction by Owner
<br />within the City. This Agreement does not, and shall not be construed to, exempt Owner or the
<br />Property from the application or exercise of the City's or any of its related agencies' power of
<br />eminent domain or its police powers, including, but not limited to, the regulation of land uses, and
<br />the taking of any actions necessary to protect the health, safety and welfare.
<br />3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this
<br />Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly,
<br />successively, together or otherwise against the Property, Owner or its transferees, at the sole
<br />discretion of the City. The City's failure to exercise any such right or remedy shall in no event be
<br />construed as a waiver or release of such rights or remedies, or of the right to exercise them at any
<br />later time.
<br />3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City,
<br />its elected officials, officers, agents and employees from and against all claims, demands, costs,
<br />damages, liabilities and obligations of any kind or nature arising out of the deferral provided by
<br />25A-9
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