RecD04 2004-113654 - Laserfiche WebLink

Browse Search

WHEREAS, the Parking Structure will be located on the Putnam Lexus Property and the Putnam Jaguar Property within the Easements Area. WHEREAS, the City of Redwood City (the "City")", a municipal corporation of the State of California, has granted the Parties the necessary permits and approvals to construct the Parking Structure and incidental improvements within the Easements Area. WHEREAS, this Deed Restriction is to be recorded against the Putman Lexus Property and the Putnam Jaguar Property, as more fully described on Exhibits "A" and "B," respectively. NOW THEREFORE, 1. The Agreement shall not be terminated, amended and/or modified without the express written approval of the City. Any agreement by the Parties to terminate, amend and/or modify the Agreement and the reciprocal easements created in connection therewith without the express written approval of the City shall be null and void. 2. Prior to termination of the Agreement by the Parties, the Parties shall notify the City of their intent to terminate the Agreement. The Parties shall remove the Parking Structure (the "Removal") and restore the Easement Area (the "Restoration") to its physical condition in existence immediately prior to the recordation of this Deed Restriction at the Parties' cost and expense. In the event that the Removal and Restoration are not completed by the date of termination of the Agreement, or any extension thereof, City shall have the right, but not the obligation, to enter the Easements Area and surrounding areas and cause the Removal and Restoration at the Parties' cost and expense. 3. All permit applications and/or requests for entitlements in connection with the Parking Structure that may, from time to time, be filed with the City shall be signed by both Parties. 4. The Parties shall be jointly and severally liable vis-à-vis the City for any and all code or zoning violations in connection with the Parking Structure. 5. This Deed Restriction shall burden the Putnam Lexus Property and the Putnam Jaguar Property and shall be binding on and inure to the benefit of the Parties the City and their respective heirs, executors, administrators, successors and assigns 6. In the event that the City files a legal action to enforce this Deed Restriction, the prevailing party shall be entitled to its costs, expert fees and reasonable attorneys' fees. /I /I IN WITNESS WHEREOF, the undersigned have declared the foregoing, as of the date first stated above. - 2 - G: Ish a redlsh aredlRedwoodlcou n ci I Deed-OO2