RecD98 1998-135753 - Laserfiche WebLink

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1. Covenant to ~ and Maintain Landscaping. Shorebreeze shall design, obtain design approval, complete and thereafter maintain landscaping on Parcel B and between the property line of Parcel B and the curb of Shoreline Drive as extended adjacent to Parcel B, all to the extent described in the Covenants Agreement between Flatirons and Redwood Shores, Inc., recorded as Document No. 95015506 in the Official Records of San Mateo County, California. Shorèbreeze shall complete and maintain all finished grading, berming and landscaping, including irrigation and drainage related thereto, on Parcel B to the standards required by the (i) Shores Business Center . DecÏaration of Covenants, Restrictions and Changes For Commercial Development dated January 8, 1981, and recorded February 6, 1981, in the Official Records of San Mateo County as Document No. 12350-AS, as amended (the "CC&Rs") as such CC&Rs apply to the Shorebreeze Property; and (ii) all licenses, permits or other entitlements in effect for the Shore breeze Property adjacent to Parcel B applicable to finished grading, berming and landscaping, including irrigation and drainage related thereto, each not later than the later to occur of (i) 90 days after completion of the Improvements or (ii) 180 days following the date of recordation of this Agreement, or such later date as may be agreed to by the Shores Business Center Association and, to the extent its agreement is required, the City. Notwithstanding anything set forth in this Agreement, the obligations of Shorebreeze with respect to Parcel B set forth or referenced in this Agreement shall be deemed to have been satisfied if satisfied in the manner and under the schedule required by the City and/ or The Shores Business Center Association, and Flatirons or Electronic Arts shall not impose any further obligations in connection therewith. 2. Default; Flatirons' Remedy of Self-Help. If Shorebreeze shall be in default of its obligations under this Agreement, then, in addition to any other remedies available to Flatirons for such default at law or in equity, Flatirons may, after giving $horebreeze sixty (60) days prior written notice of Flatirons' intent to do so, enter upon Parcel B and cure such default. Shorebreeze shall reimburse Flatirons for all expenses reasonably incurred by Flatirons in effecting such cure, upon presentation of supporting invoices and such other documentation as may be reasonably requested by Shorebreeze. 3. Covenants Running with the Land. The covenants of Shorebreeze c.ontained in this Agreement are covenants running with the land under Section 1468 of the California Civil Code in favor of and benefiting Flatirons' Property and burdening Parcel B, and are intended to bind all successive owners of Parcel B and to benefit all successive owners of Flatirons' Property. ' 4. Priority of Mortgage Lien. No violation or breach of the provisions of this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other security interest recorded against Parcel B.