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AGREEMENT <br />NOW THEREFORE, for consideration, receipt of which is acknowledged, Declarant agrees <br />as follows: <br />I. In the event the City or its successor in interest delivers notice to Declarant of its <br />intent to construct a building on City Property ("Removal Notice"), Declarant shall remove the <br />Openings facing the City Property, or otherwise modify the Openings in compliance with the then <br />current California Building Code to the satisfaction of the City. <br />2. Any removal or modification of the Openings required pursuant to Section 1 shall <br />occur within twelve (12) months of Declarant's receipt of the Removal Notice, or any such later date <br />as set forth in the notice, and such removals shall be in compliance with the then current California <br />Building Code, including fire safety ratings, at the time of such removals. The notice required by <br />this section shall be by certified mail to Lane Partners, LLC, 644 Menlo Avenue, Suite 204, Menlo <br />Park CA 94025. <br />3. This Declaration shall run with the Property and shall inure to the benefit of the <br />City and shall bind the Declarant and its successors and assigns. <br />4. If Declarant, or its successors or assigns, defaults in the performance of any <br />covenant or condition of this Declaration of Restrictive Covenant, written notice of such default <br />may be given to Declarant per the provisions of Section 2 and Declarant, or its successors or <br />assigns, must commence corrective work necessary to cure the default within thirty (30) days of <br />receipt of the written notice. In the event of any uncured default after thirty (30) days, the City <br />may record a Notice of Violation against the Property in addition to pursuing any available legal or <br />equitable remedies, including damages. All remedies shall be cumulative, and the pursuit of any <br />available remedy shall not constitute a waiver or election of remedies with respect to all other <br />available remedies. <br />IN WITNESS HEREOF, Declarant hereby executes this Declaration as of the date first written above: <br />Declarant: <br />