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RecDoc 2014-081417 ROW Improvement - 353 and 355 Alameda de las Pulgas
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RecDoc 2014-081417 ROW Improvement - 353 and 355 Alameda de las Pulgas
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Last modified
9/22/2014 12:18:24 PM
Creation date
1/5/2016 8:52:35 AM
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Recorded Docs
Subject
Sidewalk and Right-of-Way Improvement Agreement
Doc Num
2014-081417
Rec Date
9/9/2014
APN
058-252-110 and 058-252-100
Address
353 and 355 Alameda de las Pulgas
Parties
Ricky Hung Ngo and Yung Le
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Property Owners is that of a governmental entity regulation the development of private property <br /> and the owner of such private property. <br /> 8.4 Covenants Running with the Land. All of the provisions contained in this <br /> Agreement shall be binding upon and benefit the Parties and their respective heirs, successors <br /> and assigns,representatives, lessees, and all other persons acquiring all or a portion of, or interest <br /> in, the Property, whether by operation of law or in any manner whatsoever. All of the provisions <br /> contained in this Agreement shall be enforceable as equitable servitudes and shall constitute <br /> covenants running with the land pursuant to California law including, without limitation, Civil <br /> Code section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a <br /> burden upon the Property, as appropriate, runs with the Property and is for the benefit of and <br /> binding upon the owner, Property Owners, and each successive owner of all ar a portion of the <br /> Property, during its ownership of such property. <br /> 8.5 Consistency with General Plan. City hereby finds and determines that execution <br /> of this Agreement is in the best interest of the public health, safety, and general welfare and is <br /> consistent with the Redwood City General Plan. <br /> 8.6 Other Necessa ,rY Acts. Each Party shall execute and deliver to the other all such <br /> other further instruments and documents as may be reasonably necessary to carry out the <br /> Amended Project Approvals and this Agreement and to provide and secure to the other Party the <br /> full and complete enjoyment of its rights and privileges under this Agreement. <br /> 8.7 Governing Law. Venue. and Construction. The laws of the State of California, <br /> without regard to conflict of law principles, shall govern the interpretation and enforcement of <br /> this Agreement. Any action to enforce or interpret this Agreement shall be filed in the Superior <br /> Court for San Mateo County, California. This Agreement has been reviewed and revised by <br /> legal counsel for both City and Property Owners, and no presumption or rule that ambiguities <br /> shall be construed against the drafting party shall apply to the interpretation or enforcement of <br /> this Agreement. <br /> 8.8 Non-Liabilitv. No member, official or employee of City shall be personally liable <br /> to Property Owners, or any successor in interest, in the event of any default or breach by City or <br /> for any amount which may become due to Property Owners or its successors, or on any <br /> obligations under the terms of this Agreement. Property Owners hereby waives and releases any <br /> claim it may have against the members, officials or employees of City with respect to any default <br /> or breach by City or for any amount that may become due to Property Owners or its successors, <br /> or on any obligations under the terms of this Agreement. <br /> 8.9 No Third Partv Beneficiar�. This Agreement is made solely and specifically <br /> among and for the benefit of the Parties, and their respective successors and assigns subject to <br /> the express provisions relating to successors and assigns, and no other party other than a <br /> Mortgagee will have any rights, interest or claims or be entitled to any benefits under or on <br /> account of this Agreement as a third party beneficiary or otherwise. <br /> ATTY/AGR/2014.125/ROW IMPROVEMENT AGREEMENT—ALAMEDA DE LAS PULGAS <br /> REV:08-08-14 VR <br /> Page 11 of 16 <br />
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