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MILLS ACT AGREEMENT <br /> 801 North Minter Street <br /> Santa Ann, CA 92701 <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 /> c. This hold harmless provision applies to all damages and claims for damages <br /> suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the <br /> operations referred to in this Agreement regardless of whether or not City prepared, supplied, or <br /> approved the plans, specifications or other documents for the Historic Property. <br /> d. All of the agreements, rights, covenants, conditions, and restrictions contained <br /> in this Agreement shall he binding upon and shall inure to the benefit of the parties herein, their <br /> heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of <br /> the Historic Property, whether by operation of law on in any manner whatsoever. <br /> e. In the event legal proceedings are brought by any party or parties to enforce or <br /> restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to <br /> determine the rights and duties of any party hereunder, the prevailing party in such proceeding <br /> may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and <br /> other relief ordered by the court. <br /> f. In the event that any of the provisions of this Agreement are held to be <br /> unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive <br /> legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall <br /> not be effected thereby. <br /> g. This Agreement shall be construed and governed in accordance with the laws of <br /> the State of California, with venue in Orange County. <br /> 11. Recordation. <br /> No later than twenty (20) days after the parties execute and enter into this Agreement, the <br /> City shall cause this Agreement to be recorded in the office of the County Recorder of the <br /> County of Orange. <br /> 12. Amendments. <br /> 6 <br />