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3.3 Recordation of Agreement. Upon the execution of this Agreement, the City <br />shall cause this Agreement to be recorded in the Official Records of the County of Orange, <br />California. All costs assessed by the County of Orange for recordation of this Agreement shall <br />be paid by the Owner. <br />3.4 Lien against Property. From and after its execution, this Agreement shall <br />contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall <br />constitute a lien against the Property in an amount equal to the total Subject Fees, pursuant to <br />Government Code section 66007(c)(2). Upon payment to City of the total amount of the Subject <br />Fees for the Property, City shall, at the request of the Owner, execute and record in the Official <br />Records of the County of Orange, California, a release of the lien from the Property in <br />substantially the form of Exhibit "C" which is attached hereto and incorporated herein by this <br />reference. At the request of the Owner, the City shall deliver a copy of the executed and <br />recorded release of the lien to Owner. <br />3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the <br />promises, covenants and conditions of this Agreement and all liens against the Property subject <br />to this Agreement shall, as provided in Government Code section 66007, run with the Property <br />and shall be binding upon all parties having or acquiring any right, title or interest in or to the <br />Property or any portion thereof. <br />3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner <br />shall notify City in writing within two (2) business days of the opening of any escrow for the sale <br />or transfer of all or any portion of the Property. Owner additionally covenants and agrees to <br />provide a written copy of the escrow instructions to City stating that the Subject Fees shall be <br />paid from the sale proceeds of the Property held in escrow prior to disbursement of the sale <br />proceeds to the seller of the Property. <br />3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for <br />under this Agreement shall not affect the contractual obligation of Owner to pay any and all <br />Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property <br />release the Owner of this contractual obligation. <br />3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be <br />construed to be, an approval or a granting of any right or entitlement (vested or otherwise) by <br />City concerning any development on the Property, or any other project, development or other <br />construction by Owner within the City. This Agreement does not, and shall not be construed to, <br />exempt Owner from paying any fees for any entitlements, permits, licenses or other approvals <br />that may be required by the City or other public entity with jurisdiction over the Property at the <br />time required by the City or other public entity with jurisdiction over the Property, or any other <br />project development or other construction by Owner. This Agreement does not, and shall not be <br />construed to, exempt Owner from any requirement to obtain permits or other discretionary or <br />non - discretionary approvals as may be necessary for the development, maintenance or operation <br />of the development on the Property or any other project, development or other construction by <br />Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner <br />or the Property from the application or exercise of the City's or any of its related agencies' <br />4 <br />