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MILLSACTAGREEMENT <br />1816 N. Heliotrope Drive <br />Santa Ana, CA 92706 <br />7. Binding effect of Agreement. <br />g. The Owners hereby subject the Historic Property, located at 1816 N. Heliotrope Drive, <br />Assessor Parcel Number, 002-094-01, and more particularly described in Exhibit A, in the City of <br />Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. <br />h. The City and Owner hereby declare their specific intent that the covenants, reservations <br />and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to <br />and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. <br />Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic <br />Property or any portion thereof, shall conclusively be held to have been executed, delivered, and <br />accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of <br />whether such covenants, restrictions and reservations are set forth in such contract, deed, or other <br />instrument. <br />8. No Compensation. <br />Owners shall not receive any payment from the City in consideration of the obligation imposed <br />under this Agreement, it being recognized that the consideration for the execution of this Agreement is <br />the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner <br />as a result of the effect upon the assessed value of the property on the account of the restrictions on the <br />use and preservation of the property. <br />Notice. <br />Any notice required by the terms of this Agreement shall be sent to the address of the <br />respective parties as specified below or at other addresses that may be later specified by the parties <br />hereto. <br />City: City of Santa Ana <br />Attn: City Clerk <br />20 Civic Center Plaza (M-30) <br />Santa Ana, CA 92702 <br />Owners: Herlihy Trust <br />1816 N. Heliotrope Drive <br />Santa Ana, CA 92706 <br />10. General Provisions. <br />V. None of the terms, provisions, or conditions of this Agreement shall be deemed to <br />create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall <br />such terms, provisions or conditions cause them to be considered joint ventures or members of any <br />joint enterprise. <br />5- <br />