Agmt18 Habitat for Humanity 605 Middlefield

Browse Search

3. HABITAT shall wash the exterior of the 605 Property three (3) times during the HABITAT Project: first, at the end of excavation, second at the end of framing, and third after the CITY issues a certificate of occupancy. 605 shall provide HABITAT with access to the 605 Property to implement this obligation. 4. HABITAT shall use diligent and good faith efforts to cause its contractor to prevent the contractor's employees, and the employees of its subcontractors, from parking their private vehicles on the streets of Middlefield, Bradford and Jefferson Ave that directly surround the HABITAT Project during the excavation and construction of the HABITAT Project. The City shall have no obligation under this Agreement to enforce this obligation, or any other obligation of HABITAT under this Agreement. This obligation shall terminate upon the City's issuance of the final certificate of occupancy for the HABITAT Project. 5. HABITAT shall plant and and its successor, the Homeowner's Association for the HABITAT Project ("HOA"), shall thereafter maintain the landscaping approved by the City (e.g., trees, bushes, and/or shrubs as applicable) on the elevated deck along the western property line. HABITAT shall include the obligation to perform this routine maintenance in the Conditions, Covenants and Restrictions for the HABITAT Project ("CC&Rs"). HABITAT's obligation shall terminate upon (i) the installation of the landscaping and (ii) the recordation of CC&Rs that include an obligation for the HOA to provide long-term maintenance of such landscaping. 6. Release and Waiver The Parties hereby release and forever discharge each other and all of their respective present and former subsidiaries, subdivisions, Board, Council, officers, directors, executives, agents, employees, affiliates, attorneys and each and all of their respective predecessors, successors, spouses, assigns and insurers, from any and all liability, claims, demands and causes of action, and all matters relating, involving and/or pertaining, directly or indirectly, to all aspects of the Action or any other type of claim, known or unknown, which may now be available or may be discovered at a future date. It is understood and agreed that this is a full and final mutual release of the Action. The Parties agree, as further consideration and inducement for this Agreement, to waive the provisions of California Civil Code § 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 7. Dismissal of Lawsuit Within five (5) business days after full execution of this Agreement 605 shall file a dismissal of the Action, with prejudice. 8. C000eration on Additional Documents Page 2 of 6 605 Middlefield / City of Redwood City / Habitat for Humanity