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MILLSACTAGEEEMENT <br />2028 North Greenleaf Street <br />Santa Ana, CA 92706 <br />b. City does not waive any claim of default by the Owner if City does not enforce or <br />cancel this Agreement. All other remedies at law or in equity which are not otherwise provided <br />for in this Agreement or in City's regulations governing historic properties are available to City <br />to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach <br />or default under this Agreement shall be deemed to be a waiver of any other subsequent breach <br />thereof or default hereunder. <br />7. Binding effect of Agreement. <br />a. Owner hereby subjects the Historic Property, located at 2028 North Greenleaf <br />Street, Assessor Parcel Number, 002-081-22, and more particularly described in Exhibit A, in <br />the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this <br />Agreement. <br />b. City and Owner hereby declare their specific intent that the covenants, conditions <br />and restrictions as set forth herein shall be deemed covenants running with the land and shall <br />pass to and be binding upon Owner's successors and assigns in title or interest to the Historic <br />Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying <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 />C. This property is listed in the Santa Ana Register of Historical Properties <br />(Register) and is located in the Floral Park National Register Historic District. In any real <br />property transaction, the owner of this property or the owner's representative shall provide the <br />buyer of this property with notice that the property is listed on the City's historic Register and is <br />located within the Floral Park National Register Historic District. <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 />-5- <br />