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<br />3. <br /> <br />DUTIES OF CITY <br /> <br />City agrees to provide the Marker at no expense to the Property owner and to install it <br />upon Property Owner's Property, and if necessary to maintain and or remove the Marker, with <br />all reasonable diligence and precaution to avoid damage to the Property or any improvements <br />thereon. <br />City agrees to pay all the costs of the installation, maintenance, repair and, if necessary, <br />removal of the Marker. <br /> <br />4. DUTIES OF PROPERTY OWNER <br /> <br />Property Owner acknowledges that the Marker is the property of City, and shall not <br />remove, move, damage, change, or in any way alter the Marker without the written consent of <br />City's Planning Manager. Property Owner covenants to keep the Marker free from cover or <br />obstructions which would hinder public view. <br /> <br />S. NOTICES <br /> <br />Any notice to be given by either party shall be deemed to be properly served if deposited <br />with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the <br />addresses below: <br /> <br />TO CITY: <br /> <br />CLERK OF THE COUNCIL <br />CITY OF SANTA ANA <br />20 CIVIC CENTER PLAZA <br />SANTA ANA, CALIFORNIA 92701 <br /> <br />TO PROPERTY OWNER: <br /> <br />MR. PAUL D. GILES <br />1106 North Spurgeon Street <br />Santa Ana, CA 92701-3749 <br /> <br />6. GOVERNING LAW <br /> <br />This Agreement shall be governed by and construed in accordance with the laws of the State <br />of California. <br /> <br />7. ENTIRE AGREEMENT <br /> <br />This Agreement supersedes any and all other agreements either oral or in writing between <br />the parties hereto with respect to the terms set forth in this Agreement and contains all the <br /> <br />Page 2 of 4 <br />