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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 /> 7 Time is of the essence in the performance of this Agreement <br /> S 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 /> KB Home Coastal Inc , a California <br /> City Engineer corporation <br /> City of Redlands 36310 Inland Valley Drive <br /> P O Box 3005 Wildomar, CA 92595 <br /> Redlands, CA 92373 Attn Heidi McBroom <br /> 9 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 /> Cl F REDLANDS OWNER KB HOME COASTAL Inc, <br /> ct cc A � cam;pay <br /> 3anic McClo6ell, Acting ity Manager Hei i cBroom <br /> Director <br /> Attest <br /> J60ne Donaldson, City Clerk <br /> City of Redlands <br /> Agreement Version NOVEMBER 2013 <br />