RecDoc 2020-075564 - Covenant for No Build Easement

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5. Miscellaneous Provisions. (a) The foregoing covenants and easements: (i) shall apply to and bind Tranente, and its heirs, successors, assigns, grantees, mortgagees, deed of trust beneficiaries, tenants and subtenants having an interest in the portions of Parcel Two affected by this Covenant; and (ii) shall obligate, inure to and pass with Parcel Two (and/or those portions of Parcel Two affected by this Covenant) and shall remain in force and effect as herein provided. (b) This Covenant does not supersede nor is it intended to encumber any existing recorded easements. (c) This Covenant and the Parcel Two No Build Easement set forth protective provisions, covenants, conditions and restrictions upon and subject to which specified portions of Parcel Two shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. This Covenant, the Parcel Two No Build Easement, and other rights conferred hereby are intended to, and do, constitute covenants running with the land. (d) No breach of any of the covenants, restrictions or other provisions contained in this Covenant, or the enforcement of any lien provision herein, shall defeat or render invalid the lien of any third party mortgage, deed of trust or similar security instrument made in good faith and for value and encumbering Parcel Two (and/or those portions of Parcel Two affected by this Covenant); but all of the foregoing provisions, restrictions and covenants shall be binding and effective against any owner of Parcel Two (and/or those portions of Parcel Two affected by this Covenant) whose title thereto is acquired by foreclosure, trustee's sale or otherwise. (e) The provisions of this Covenant shall not be deemed to constitute a dedication for public use or to create any right in the general public. (f) This Covenant, executed as of the date hereof, shall take effect only upon, from and after its recordation in Official Records of San Mateo County, which date of recordation is referred to in this Covenant as the "Effective Date". (g) No modification, waiver, amendment or change of this Covenant shall be valid unless the same is in writing and signed by the fee title owner of Parcel Two and the City; provided, however, no such written modification, waiver, amendment or change of this Covenant shall be effective until the same is recorded in the Official Records of San Mateo County. (h) In the event of a breach or threatened breach of this Covenant, any Party adversely affected by such breach (including, the City) shall be entitled to institute proceedings at law or in equity for relief from the consequences of said breach including, without limitation, seeking injunctive relief to prevent a violation thereof. Failure of an owner or occupant of Parcel Two (and/or those portions of Parcel Two affected by this Covenant) to comply with the terms and conditions of this Covenant (and restrictions imposed hereby) shall be grounds for the City, by reason of this Covenant and the Parcel Two No Build Easement, to have the authority to require that the non-compliant owner or occupant modify or remove, or cause to be modified or removed, any REV: 05-08-2020 PR ATTY/AGR.2020.072/TRANENTE ONE LLC (Page 3 of 10)