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RecDoc 2015 125730 STMA 718 Canyon Road_761, 763, 765 Bain Place_STMMA_11302015
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RecDoc 2015 125730 STMA 718 Canyon Road_761, 763, 765 Bain Place_STMMA_11302015
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Last modified
1/5/2016 8:10:44 AM
Creation date
11/30/2015 12:05:47 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
STMA 718 Canyon
Doc Num
2015-125730 CONF
Rec Date
11/30/2015
Address
718 Canyon Rd and 761, 763 and 765 Bain Pl.
Parties
Ernst Development Corp
MO Ref
15-159
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To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Ann: 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 /> 15. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the <br /> purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent <br /> jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law <br /> providing for a change of venue in these proceedings to any other county. <br /> 16. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be <br /> deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. <br /> 17. Entire Agreement. This Agreement, together with any other written document referred to or <br /> contemplated by it, along with the purchase order for this Agreement and its provisions, embody the <br /> entire agreement and understanding between the parties relating to the subject matter of it. Neither this <br /> Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing <br /> signed by both parties. <br /> 18. Severability. The provisions of this Agreement shall be severable and if any phrase, clause, <br /> section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional <br /> by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall <br /> not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, <br /> sentence or provision of this Agreement. <br /> 19. Covenant Ruffling with the Land. This Agreement will be recorded by the City in the County <br /> Recorder's Office of the County of San Mateo, California at the Property Owner's expense. The covenants <br /> and agreements contained herein shall be deemed to be covenants running with Title to the land for the <br /> benefit of the City and its successors. <br /> 20. Release of Agreement. In the event that the City determines that the stonnwater treatment measures <br /> located on the Property are no longer required, then the City, at the request of the Property Owner shall <br /> execute a release of this Agreement, which the Property Owner shall record in the County Recorder's <br /> Office at the Property Owner's expense. The City reserves the option to record such release of this <br /> Agreement. The stormwater treatment measure(s) shall not be removed from the Property unless such a <br /> release is so executed and recorded. <br /> 21 . Effective Date and Modification. This Agreement is effective upon the date of execution as stated <br /> at the beginning of this Agreement. This Agreement shall not be modified except by written instrument <br /> executed by the City and the Property Owner at the time of modification. Such modifications shall be <br /> effective upon the date of execution and shall be recorded. <br /> ATTY/AGR/2015. 129/ 718 CANYON STMMA <br /> REV: 06-22-15 VR <br /> Page 5 of 7 <br />
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