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entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- <br />house counsel by a Party <br />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 />8 Any notice to a Party required or called for in this Agreement shall be served in person, or <br />by deposit in the U S Mail, first class postage prepaid, to the address set forth below <br />Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in <br />the U S. Mail, whichever is earlier A Party may change notice address only by providing <br />written notice thereof to the other Party <br />CITY OWNER <br />City Engineer Justin Harvey <br />City of Redlands CIVF V – CA11302, LLC <br />P O Box 3005 One Beacon Street, Suite 1700 <br />Redlands, CA 92373 Boston, MA 02108 <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 />7�64L"IWL <br />F REDLANDS CIVF V – CA1B02, LLC <br />a Delaware limite iabili company <br />By. <br />— � A <br />Maul- , <br />ice�1 1lift9 <br />Attest* <br />1&0,an Donaldson, City Clerk <br />City of Redlands <br />Agreement Version NOVEMBER 2013 <br />Justin Ha ey <br />Its Senior ice President, Investments <br />