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6. It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute equitable servitudes that run with the Property and shall be binding upon future owners of all or any portion of the Property. Any owner's liability hereunder shall terminate at the time it ceases to be an owner of the encumbered Property, except for obligations which accrue prior to the date of transfer by such owner, which shall remain the personal obligation of such owner. 7. Time is of the essence in the performance of this Agreement. 8. Any notice to a Party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A Party may change notice address only by providing written notice thereof to the other Party. CITY City Engineer City of Redlands P.O. Box 3005 Redlands, CA 92373 OWNER In-N-Out Burgers, a California Corporation 13502 Hamburger Lane Baldwin Park, CA 91706 Attn: Real Estate Dept. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by the City and the Owner. IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY REDLANDS: J' NicE McCo JIJELL A 3 t 5wir cur), I,444-0k14 Attest: AX4R-/-42,)\I e Donaldson, City Clerk Mike Abbate Assistant Vice President — Real Estate In-N-Out Burgers, a California Corporation P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment -Maintenance Agreement Template.docx