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Costa Mesa,CA 92626 <br /> Attn:Murcia Forsyth <br /> To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City,Califonua 940b3 <br /> Attn:City Manager <br /> With a copy to: City of Redwood City <br /> 1017 Middlofield Road <br /> Redwood City,California 94063 <br /> Attn:City Attorney <br /> 30. .A,ssigOTtlCAt by�gvelcroer. Developer may assign its obligations under this Agreemeat <br /> only with the priar written appmval of the City. In connection with�ny such as�igament,Developer and <br /> its assignee shall execute and deliver to City a written assignmcnt and assumption agreemcnt in a form <br /> reasonably acceptable to the City Attorney. <br /> 31. Bindin�U�n Heir.,�. Successors and Assig�.s. Tho terins, covenants and conditions of <br /> this Agreement shall be binding upon�11 heirs,suecessors and assigns of the parties hereto. <br /> 32. Int�pretarion. The word "including" �hall be cons�riued as if followed by the words <br /> `�vithout limitatioa." All txhibits and att�chments to this Agreement aze incoiporated by reference �s <br /> though fully rest�ted htrein. This Agreement shall be interpreted as though pregared jointly by both <br /> parties. Sectioa he�ding� in this Agr�ement are for convenience only and are not inttnded to be used in <br /> intcrpreting or con�truing the tcrn�s,covenants or conditions com�ined in this Agreemen� <br /> 33. Severabilit�!. If any provision of this Agreement is held, to ariy extart, invalid, the <br /> rcmainder of tlus Agreement sha11 not be affected, except ss necessarily required by the invalid provision, <br /> and shall remain in full foroe and effect. <br /> 34. �ntiro A�reement. The temis and conditions of this Agreement constitute the cntire <br /> agreement between City and Developer with respect to the matters addres�ed in thi� Agrecment. This <br /> Agreement may not be altered,amended or modified without the writtcn consent of alI partits hereto. <br /> 35. Govenaing Law: Venue. This Agreement shall be construed and enforced in accordance <br /> wvith the laws of the State of California,without refenmce to choice of law provisions. Any legal�ctions <br /> under this Agrcement sh�ll be brought only in the Superior Court of the County of San Mateo, State of <br /> Califorrua. <br /> 36. .�,ut >rity. Each party oxecuting this Agceement on behalf of a party represcnts and <br /> w�rrants that sueh person is duly and validly suthoriud to do so on behalf of the entity it piuports to bind <br /> and if such party is a partnership, corpor�tion or tivstce,that such partnership, corporation or tnistce has <br /> full right and authority to enter into this Agreemeat and perform all of its obligations hereunder. <br /> 37. Time is of the F,.ssence. Time is of the essence of this Agreement and of each and every <br /> term and condition hereof. <br /> 38. Runs with the I,az�c�: Reco t�on. This Agrxmont pertains to and sha11 run with the <br /> Proptrty. Upon exocution, this Agre�ment shall be recor�d in the Oti'icial Records of San Mat�o <br /> County. Upon completion of performance and sati�factioa by Developer of its obligations under this <br /> R�V:01-21-16 VR <br /> Page il of 19 <br /> A7TY/AGR.2016.009lRWC ECR Venture, LLC-IA <br />