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5 In event any action is commenced to enforce or interpret any of the terms or conditions of this <br />Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to <br />the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel <br />by a Party <br />6 It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute <br />equitable servitudes that run with the Property and shall be binding upon future owners of all <br />or any portion of the Property Any owner's liability hereunder shall terminate at the time it <br />ceases to be an owner of the encumbered Property, except for obligations which accrue prior <br />to the date of transfer by such owner, which shall remain the personal obligation of such <br />owner <br />Time is of the essence in the performance of this Agreement <br />Any notice to a Party required or called for in this Agreement shall be served in person, or by <br />deposit in the U S Mail, first class postage prepaid, to the address set forth below Notice(s) <br />shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U S <br />Mail, whichever is earlier A Party may change notice address only by providing written <br />notice thereof to the other Party <br />CITY OWNER <br />City Engineer Daniel Thompson <br />City of Redlands Sam -Redlands, LLC, an Oregon Limited <br />P O Box 3005 Liability Company <br />Redlands, CA 92373 20201 SW Birch St Suite 100 <br />Newport Beach, CA 92660 <br />This Agreement shall be governed by and construed in accordance with the laws of the State <br />of California <br />10 Any amendment to this Agreement shall be in writing and approved by the City Council of <br />City and signed by the City and the Owner <br />IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first <br />written above <br />CITY REDLANDS- <br />Q�UaLt <br />3AN1e6, HCC00 ELL <br />ACTIW,) CilY M <br />Attest <br />150ne Donaldson, City Clerk <br />City of Redlands <br />Agreement Version NOVEMBER 2013 <br />OWNER <br />rv_14e=;� <br />Daniel Thompson <br />Authorized Agent <br />Sam -Redlands, LLC, an Oregon Limited <br />Liability Company <br />