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8. Successors and Assigns. This Agreement shall run with the land and shall be binding <br />upon and shall insure to the benefit of the heirs, executors, administrators, successors <br />and assigns of the Developer and the City. The covenants, conditions and restrictions set <br />forth in this Agreement shall constitute equitable servitudes which shall run with the <br />land. <br />9. Affected and Benefited Land. The land ("Affected Land") affected by the covenants <br />contained in this Agreement is the Developer Property and the ROW. The land <br />("Benefited Land") benefited by the covenants contained in this Agreement is the <br />Developer Property and the ROW. <br />10. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other <br />communications given pursuant to the terms of this Agreement shall be in writing and <br />shall be deemed to have been given upon personal delivery or as of the second business <br />day after mailing in the United States registered or certified mail, return receipt <br />requested, postage prepaid, addressed as follows or to such other address or to such <br />other person as either party may designate: <br />If to Developer: <br />1901 First Street Owner, LLC <br />4901 Birch Street <br />Newport Beach, California 92660 <br />Attention: Cynthia Eppeldauer <br />If to City: <br />City of Santa Ana <br />Planning Division—Planning Manager <br />Public Works—City Engineer <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />11. Lender Protection. Nothing in this Agreement shall be construed as giving any party <br />priority over the rights of beneficiaries of first deeds of trust encumbering any portion of <br />the Developer Property. No breach of this Agreement shall invalidate the lien of any first <br />deed of trust encumbering the Developer Property. <br />12. Headings. The titles or headings of the sections of this Agreement are not a part of <br />the Agreement and shall have no effect upon the construction of or interpretation of <br />this Agreement. <br />13. Execution in Counterpart. This Agreement may be executed in counterparts, each of <br />which shall be deemed an original, but all of which, together, shall constitute one and <br />the same instrument. <br />