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breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 8. Binding Effect of Agreement. The owner hereby subjects Property to the covenants, reservations, and restrictions as set forth in this agreement. The City and owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the owner's successors and assigns in title or interest to the historic property. Every agreement, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions and reservations are set forth in such agreement, deed or other instrument. 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: City of San Leandro 835 East 14th Street San Leandro, CA 94577 ATTN: Kelly Hamer, Planner To Owners: Diane Rinella Brian Preston 857 Estudillo Avenue San Leandro, CA 94577 10. General Provisions. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. The owner agrees to and shall hold the City and its elected and appointed officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the owners or those of their contractor, subcontractor, agent, employee or other person acting on their behalf which relates to the use, operation, and maintenance of the historic property. The owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the owner's activities in connection with the historic property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property. Mills Act Contract June 8, 2010 857 Estudillo Avenue Page 4 of 5