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obligations of MSC set forth in this Agreement, and MSC shall thereafter have no further rights, liabilities or obligations under the Agreement and shall be released from all such provisions hereunder. 8. Successors and Assians. This Agreement shall run with the land and shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of MSC and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. 9. Affected and Benefited Land. The land ("Affected Land") affected by the covenants contained in this Agreement is the Property and the ROW. The land ("Benefited Land") benefited by the covenants contained in this Agreement is the Property and the ROW. 10. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given upon personal delivery or as of the second business day after mailing in the United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person as the party may designate in writing to the other parties: If to MSC: If to Association: Main Street Concourse LLC Association for Tract 16565 Bisno Development Company LLC Bisno Development Company LLC 1801 Century Park East #2240 1801 Century Park East #2240 Los Angeles, California 90076 Los Angeles, California 90076 Alln: Robert Bisno Alln: Robert Bisno If to City: City of Santa Ana Planning Division- Planning Manager Public Works - City Engineer 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Additionally, the Association shall file annually the names, addresses and telephone numbers of at least one member of its Board of Directors, and, if applicable, a manager of the Association with the City Planning Division _ Planning Manager for the purpose of contacting the Association in the case of emergency or in those cases where the City has an interest in violations of this Agreement. 11. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Property. 12. Headinas. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement. 13. Execution in Counteroart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE -3- F:\REAL\622\33634001\Maintenance Agmls with City\Grant Esmt & Maint - City rev6 (Residential).doc 9123/2005