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certain for such recordation and closing. At 8:00 a.m., or as early as possible on the date chosen <br />for the close of escrow, the Title Company shall record this Agreement in the Recorder's Office. <br />Following closing, Vista Marin may request that the City approve and record a Certificate of <br />Compliance for the Vista Marin Property, for which the City shall waive the application fee. <br />11. Fence Relocation. <br />Following close of escrow, City agrees to cause the existing fence to be removed and <br />replaced with a new fence along the Agreed Boundary at City's sole cost and expense. <br />12. Agreement Contains All Representations. <br />This Agreement contains all of the representations and the entire agreement between the <br />Parties with respect to the subject matter of this Agreement. Any prior correspondence, <br />memoranda, agreements, warranties or representations relating to such subject matter are <br />superseded in total by this Agreement. No prior drafts of this Agreement or changes from those <br />drafts to the executed version of the Agreement shall be introduced as evidence in any litigation <br />or other dispute resolution proceeding by any Party or other Person, and no court or other body <br />shall consider those drafts in interpreting this Agreement. Nothing in this Agreement is intended <br />to limit the rights of Vista Marin under that certain letter dated January 9, 2019, from MidPen <br />Housing Corporation regarding Cost Reimbursement Agreement for Boundary Line Agreement <br />Line between Vista Marin LLC and the City of Redwood City, as may be amended from time to <br />time (the "Reimbursement Letter"), to which the City is not a party. <br />13. City to Bear Escrow and Recordation Costs. <br />The City shall bear any expenses and fees associated with escrow and for recordation of <br />this Agreement. All other fees, costs, and expenses of any attorney, engineer, or other person <br />employed or retained by a Party in connection with this Agreement, including without limitation <br />any costs of title insurance, shall be bome by that Party; provided, however, that nothing in this <br />Agreement shall be construed as limiting or waiving Vista Marin's right to reimbursement for such <br />costs under the Reimbursement Letter. The City is not a party to the Reimbursement Agreement <br />and has no obligations thereunder. <br />14. Agreement to Be Recorded by Set Date. <br />If this Agreement is not recorded by March 1, 2019, it shall be null and void, unless the <br />date for recording has been extended by the prior written agreement of the Parties. <br />15. Counterparts. <br />This Agreement may be executed in counterparts, each of which shall be considered an <br />original for all purposes; provided, however, that all such counterparts shall together constitute <br />one and the same instrument. <br />[Signature Page Follows] <br />ATTY/AGR/2019.028/VISTA MARIN —REDWOOD CITY BOUNDARY LINE AGREEMENT <br />REV: 02-04-19 VR <br />Page 5 of 22 <br />