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ASSIGNMENT AND ASSUMPTION OF LANDSCAPE MAINTENANCE AGREEMENT <br /> THIS ASSIGNMENT AND ASSUMPTION OF LANDSCAPE MAINTENANCE <br /> AGREEMENT (the "Assignment") is made and entered into as of ) (k r- c) , 2015 <br /> ("Effective Date"), by and between RC Peninsula Park, LLC, a Delaware limited liability <br /> company ("Assignor") and One Marina Owners Association, a California Nonprofit Mutual <br /> Benefit Corporation ("Assignee"). <br /> RECITALS <br /> A. Assignor entered into that certain Landscape Maintenance Agreement dated <br /> September 16, 2011 , and recorded October 3, 2011 as Instrument Number 2011-115422 in the <br /> Official Records of the County of San Mateo ("Landscape Maintenance Agreement"), <br /> between Assignor and the City of Redwood City, a charter city and California municipal <br /> corporation of the State of California ("Ley), as attached hereto as Exhibit A. <br /> B. Assignor is the developer of the property commonly known as One Marina <br /> condominium project, located in Redwood City, California ("Proiect"). As a condition to <br /> receiving planning and related City approvals for a portion of the Project, Assignor was required <br /> to enter into the Landscape Maintenance Agreement with the City. <br /> C. The Project has since been constructed and as of the Effective Date, most, if not <br /> all, of the individual condominiums at the Project have been sold by Assignor's affiliate, One <br /> Marina Homes, LLC, a Delaware limited liability company. Assignee, as the homeowners <br /> association at the Project, is in the process of assuming Assignor's responsibilities concerning <br /> the Project, including compliance with any obligations pursuant to certain agreements with the <br /> City concerning the Project. The Landscape Maintenance Agreement provides for an eventual <br /> assignment of Assignor's interest in the Landscape Maintenance Agreement to the homeowners <br /> association at the Project. <br /> D. Assignor desires to assign all of its interest in the Landscape Maintenance <br /> Agreement to Assignee, and Assignee desires to assume all of Assignor's rights and <br /> responsibilities under the Landscape Maintenance Agreement. <br /> AGREEMENT <br /> NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is <br /> acknowledged, the parties agree as follows: <br /> 1 . Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's <br /> right, title, interest, responsibilities and obligations in, to and under the Landscape Maintenance <br /> Agreement. <br /> 2. Assumption. Assignee hereby accepts, assumes and agrees to be bound by and <br /> timely perform and discharge all of the duties, responsibilities, obligations, agreements, and <br /> covenants of Assignor under the Landscape Maintenance Agreement, arising from and after the <br /> Effective Date. <br /> ATTV/AGR/2015.085/ASSIGNMENT & ASSUMPTION OF LANDSCAPE MAINTENANCE AGREEMENT — ONE MARINA (2011) <br /> REV: 05-05-15 VR <br /> Page 2 of 5 <br />