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MILLS `ACT ` A GREEMEN T
<br />32'7 E. Washingtau Avenue
<br />Santo Aran, CA 92701
<br />nor shall such terrors, provisions or conditions cause thein to be consideredjoint ventures or
<br />members of any joint enterprise,
<br />la. The Owners agree to and shall indemnify and hold the City and its elected and
<br />appointee) officials, 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 or operations of the Owner or those of his or her contractor,
<br />subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
<br />use, operation, and maintenance of the Historic property. The Owners hereby agree 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 suffered,
<br />or alleged to have been: suffered, and costs of defense incurred, by reason of the operations
<br />referred to in this Agreement regardless of whether or not the City prepared, supplied, or
<br />approved the plans, specifications or other documents for the Historic Property.
<br />d. All of the Agreements, rights, covenants, reservation, and restrictions contained in
<br />Us Agreement shall be binding upoa and shall inure to the benefit of the parties herein, their
<br />heirs, successors, legal representatives, assigns, and all: persons acquiring any part or portion of
<br />the Historic Property, whether by operation of law on in any matiner whatsoever.
<br />e_ In the event legal proceedings am 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 patty in such proceeding
<br />may recover all reasonable attorney's fees to be fixed by the cow t, in addition to court costs and
<br />other relief ordered by the: court.
<br />is In the event that any of the provisions of this Agreement are held to be unenforceable
<br />or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the
<br />validity and enforceability of the: remaining provisions, or portions thereof, shall not he effected
<br />thereby.
<br />g. This A:gremnent shall be construed and governed in accordance with the laws of the
<br />State of California.
<br />11. Recordation.
<br />No later than twenty (20) days after the parties execute and enter into this Agreement, the
<br />City shall cause this Agreement to bo recorded in the office of the County Recorder of the
<br />County of Orange.
<br />12. Notice of the Contract to Office of Historic Preservation.
<br />No lister than six (6) months of entering into the wntraet, the owner or agent of an owner
<br />shall provide written notice of this Agreement to the Office of Historic Preservation.
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