|
M/LLSACTAGREEMENT
<br />Santa Ana, CA 927
<br />City: City of Santa Ana
<br />Attn: Clerk of the Council
<br />20 Civic Center Plaza (M-30)
<br />Santa Ana, CA 92702
<br />Owner:
<br />Santa Ana, California, 927_
<br />10. General Provisions.
<br />a. None of the terms, provisions, or conditions of this Agreement shall be
<br />deemed to create a partnership between the parties hereto and any of their heirs,
<br />successors, or assigns, nor shall such terms, provisions or conditions cause them to be
<br />considered joint ventures or members of any joint enterprise.
<br />b. The Owner agrees to and shall indemnify and hold the City and its
<br />elected and appointed officials, officers, agents, and employees harmless from liability
<br />for damage or claims for damage for personal injuries, including death, and claims for
<br />property damage which may arise from the direct or indirect use or operations of the
<br />Owner or those of his or her contractor, subcontractor, agenda, employee, or other
<br />person acting on his or her behalf which relates to the use, operation, and maintenance
<br />of the Historic Property. The Owner hereby agrees to and shall defend the City and its
<br />elected and appointed officials, officers, agents, and employees with respect to any and
<br />all actions for damages caused by, or alleged to have been caused by, reason of the
<br />Owner's activities in connection with the Historic Property.
<br />C. This hold harmless provision applies to all damages and claims for
<br />damages suffered, or alleged to have been suffered, and costs of defense incurred, by
<br />reason of the operations referred to in this Agreement regardless of whether or not the
<br />City prepared, supplied, or approved the plans, specifications or other documents for
<br />the Historic Property.
<br />d. All of the Agreements, rights, covenants, reservations, and restrictions
<br />contained in this Agreement shall be binding upon and shall inure to the benefit of the
<br />parties herein, their heirs, successors, legal representatives, assigns, and all persons
<br />acquiring any part or portion of the Historic Property, whether by operation of law on in
<br />any manner whatsoever.
<br />e. In the event legal proceedings are brought by any party or parties to
<br />enforce or restrain a violation of any of the covenants, reservations, or restrictions
<br />contained herein, or to determine the rights and duties of any party hereunder, the
<br />prevailing party in such proceeding may recover all reasonable attorney's fees to be
<br />fixed by the court, in addition to court costs and other relief ordered by the court.
<br />-6-
<br />25A-10
<br />
|