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MILLS ACT AGREEMENT <br />2042 North Victoria Drive <br />Santa Ana, CA 92706 <br />the Historic Property or any portion thereof, shall conclusively be held to have been executed, <br />delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this <br />Agreement regardless of whether such covenants, conditions and restrictions are set forth in such <br />contract, deed, or other instrument. <br />8. No Compensation. <br />Owner shall not receive any payment from City in consideration of the obligation <br />imposed under this Agreement, it being recognized that the consideration for the execution of <br />this Agreement is the substantial public benefit to be derived therefrom and the advantage that <br />will accrue to Owner as a result of the effect upon the assessed value of the Property on the <br />account of the restrictions on the use and preservation of the Property. <br />9. Notice. <br />Any notice required by the terms of this Agreement shall be sent to the address of the <br />respective parties as specified below or at other addresses that may be later specified by the <br />parties hereto. <br />City: City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />Santa Ana, CA 92702 <br />Attn: Clerk of the Council <br />Owners: Andres and Lynda Matzkin <br />2042 North Victoria Drive <br />Santa Ana, CA 92706 <br />10. General Provisions. <br />a. None of the terms, provisions, or conditions of this Agreement shall be deemed <br />to create a partnership between the parties hereto and any of their heirs, successors, or assigns, <br />nor shall such terms, provisions or conditions cause them to be considered joint ventures or <br />members of any joint enterprise. <br />b. The Owner agrees to and shall indemnify and hold the City and its elected and <br />appointed officials, officers, agents, and employees harmless from liability for damage or claims <br />for damage for personal injuries, including death, and claims for property damage which may <br />arise from the direct or indirect use or operations of the Owner or those of his or her contractor, <br />subcontractor, agent, employee, or other person acting on his or her behalf which relates to the <br />use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall <br />defend the City and its elected and appointed officials, officers, agents, and employees with <br />respect to any and all actions for damages caused by, or alleged to have been caused by, reason <br />of the Owner's activities in connection with the Historic Property. <br />-5- <br />