|
MILLS ACT AGREEMENT
<br />2335 N. Norllt Park Blvd.
<br />Sa-tta Arta, CA 92706
<br />10. Gelle~•al Provisions.
<br />a. None of the terms, provisions, ar conditions of this Agreement shall be deemed
<br />to create a partnership between the parties hereto and any of their heirs, successors, oI• asslgns,
<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 ofrcials, 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 ar operations of the Owner ar those of his al• heI• contractol•,
<br />subcontractor, agenda, employee, or other person acting on his or her behalf whicll 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 casts of defense incurred, by reason of the
<br />operations I•eferred to in this Agreement regardless of whether or not the City prepared, supplied,
<br />or approved the plans, specifications or other documents for the Historic Property.
<br />d, All of the Agl•eements, rights, covenants, reservations, and restrictions
<br />contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
<br />herein, their heirs, successors, legal repl'esentatives, assigns, and all persons acquiring any part or
<br />portion of the Historic Property, whetller by operation of law on in any manner whatsoever.
<br />e. fn 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 coul•t of competent jlu•isdiction, or by subsequent preemptive
<br />legislation, the validity and enforceability of the remaining provisions, or pal'tions 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.
<br />-G-
<br />
|