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Agmt17 RWC Harbor Communities, LLC
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Agmt17 RWC Harbor Communities, LLC
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Last modified
5/31/2017 9:09:01 AM
Creation date
5/31/2017 8:30:22 AM
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Agreement
Contractor Name
RWC Harbor Communities, LLC
PROJECT NAME
License Agreement Blu Harbor Project, Public Access Trail
RMP File Number
304
Date
5/30/2017
MO Ref
17-085
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CITY or LICENSEE, as the case may be, at the respective addresses listed below, or may be made <br />by personal service. <br />LICENSEE's Address: RWC Harbor Communities, LLC, <br />ATTN: Joseph M. Wilson <br />100 Saint Paul Street, Suite 300 <br />Denver, CO 80206 <br />CITY's Address: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attention: Community Development Director <br />25. ADDlicable Law and Venue. This Agreement and all rights and remedies of the parties hereto <br />shall be construed and enforced in accordance with the laws of the State of California. In the <br />event that suit shall be brought by either party to this Agreement, the parties agree that venue shall <br />be exclusively vested in the State courts of the County of San Mateo. <br />26. Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this <br />Agreement shall be implied from any omission by any other party to take any action in respect of <br />such default if such default continues or is repeated. No express waiver of any default shall affect <br />any default or cover any period of time other than the default and period of time specified in such <br />express waiver. One or more waivers of any default in the performance of any term, provision or <br />covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent <br />default in the performance of the same term, provision or covenant or any other term, provision or <br />covenant contained in this Agreement. The consent or approval by any party to or of any act or <br />request by any other party requiring consent or approval shall not be deemed to waive or <br />render unnecessary the consent to or approval of any subsequent similar acts or requests. The <br />rights and remedies given to any party by this Agreement shall be deemed to be cumulative and <br />no such rights and remedies shall be exclusive of any of the others, or of any other right or remedy <br />at law or in equity which any such party might otherwise have by virtue of a default under this <br />Agreement, and the exercise of one such right or remedy by any such party shall not impair such <br />party's standing to exercise any other right or remedy. <br />27. Taxes. LICENSEE agrees to pay under this Agreement any and all excise or other taxes that <br />may be levied by CITY or any other governmental agency on the City Property, including any <br />property related use taxes that may be assessed and to maintain such taxes and/or fees current. All <br />such amounts are due upon receipt and shall be delinquent if not paid by the due date shown on the <br />bill issued by the government agency. CITY shall promptly provide to LICENSEE notice and copies <br />of any bills that CITY receives relating to the taxes under this Section. LICENSEE recognizes and <br />understands that this Agreement may create a possessory interest in public property which may <br />subject the LICENSEE and his/her property to taxation which he/she shall have the sole obligation <br />and be required to pay. <br />28. Cooperative Draftine. This Agreement has been drafted through a cooperative effort of <br />both parties, and both parties have had an opportunity to have the Agreement reviewed and <br />revised by legal counsel. No party shall be considered the drafter of this Agreement, and no <br />Page 13 of 17 <br />REV: 05-01-171S <br />AT-FY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT <br />
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