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To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Manager <br /> With a copy to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Attorney <br /> 30. Assignment by Developer. Developer may assign its obligations under this Agreement <br /> only with the prior written approval of the City. In connection with any such assignment, Developer and <br /> its assignee shall execute and deliver to City a written assignment and assumption agreement in a form <br /> reasonably acceptable to the City Attorney. <br /> 31 . Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of <br /> this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto. <br /> 32. Interpretation. The word "including" shall be construed as if followed by the words <br /> "without limitation." All exhibits and attachments to this Agreement are incorporated by reference as <br /> though fully restated herein, This Agreement shall be interpreted as though prepared jointly by both <br /> parties. Section headings in this Agreement are for convenience only and are not intended to be used in <br /> interpreting or construing the terms, covenants or conditions contained in this Agreement. <br /> 33. Severability. If any provision of this Agreement is held, to any extent, invalid, the <br /> remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, <br /> and shall remain in full force and effect. <br /> 34. Entire Agreement. The terms and conditions of this Agreement constitute the entire <br /> agreement between City and Developer with respect to the matters addressed in this Agreement. This <br /> Agreement may not be altered, amended or modified without the written consent of all parties hereto. <br /> 35. Governing Law; Venue. This Agreement shall be construed and enforced in accordance <br /> with the laws of the State of California, without reference to choice of law provisions. Any legal actions <br /> under this Agreement shall be brought only in the Superior Court of the County of San Mateo, State of <br /> California. <br /> 36. Authority. Each party executing this Agreement on behalf of a party represents and <br /> warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind <br /> and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has <br /> fill right and authority to enter into this Agreement and perform all of its obligations hereunder. <br /> 37. Time is of the Essence. Time is of the essence of this Agreement and of each and every <br /> term and condition hereof. <br /> 38. Runs with the . Land; Recordation. This Agreement pertains to and shall run with the <br /> Property. Upon execution, this Agreement shall be recorded in the Official Records of San Mateo <br /> County. Upon completion of performance and satisfaction by Developer of its obligations under this <br /> Agreement, including warranty obligations, a written statement shall be recorded by City in the Official <br /> Records of San Mateo County terminating this Agreement and releasing all of the Property. The recorded <br /> REV: 11-06-14 VR <br /> Page 11 of 18 <br /> ATTY/AGR.2014.244/Rossi Lane Improvement Agreement <br />