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RecDoc 2020-126192 & First Amendment RecDoc2023-031170 CONF
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RecDoc 2020-126192 & First Amendment RecDoc2023-031170 CONF
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Last modified
8/30/2023 12:42:16 PM
Creation date
1/15/2021 12:10:12 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
STMMA
Doc Num
2020-126192
Rec Date
11/10/2020
Address
1831 East Bayshore Rd.
Parties
Steve and Doreen Werthmann Revocable Trust
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15. Jun diction and Venue, Any action at law or in equity brought by either of the <br />Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br />be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California, and the Parties waive all provisions of law providing for a change of venue in <br />these proceedings to any other county. <br />16. Paragraph Headings. Paragraph headings as used herein are for convenience <br />only and will not be deemed to be a part of such paragraphs and will not be construed <br />to change the meaning thereof. <br />17. Entire Agreement- This Agreement, together with any other written document <br />referred to or contemplated by it, embody the entire agreement and understanding <br />between the parties relating to the subject matter of it. Neither this Agreement nor any <br />of its provisions may be amended, modified, waived or discharged except in a writing <br />signed by both parties. <br />18. 5everabilit . The provisions of this Agreement shall be severable and if any <br />phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is <br />adjudged invalid or unconstitutional by a court of competent jurisdiction, or the <br />applicability to any Property Owner is held invalid, this shall not affect or invalidate the <br />remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence <br />or provision of this Agreement. <br />19 Covenant Running with the Land. This Agreement will be recorded by the City in <br />the County Recorder's Office of the County of San Mateo, California at the Property <br />Owner's expense. The covenants and agreements contained herein shall be deemed to <br />be covenants running with Title to the land for the benefit of the City and its successors. <br />20. Release of A reement. In the event that the City determines that the stormwater <br />treatment measures located on the Property are no longer required, then the City, at the <br />request of the Property Owner shall execute a release of this Agreement, which the <br />Property Owner shall record in the County Recorder's Office at the Property Owner's <br />expense. The City reserves the option to record such release of this Agreement. The <br />stormwater treatment measure(s) shall not be removed from the Property unless such a <br />release is so executed and recorded. <br />21. Effective Date and Modification. This Agreement Is effective upon the date of <br />execution as stated at the beginning of this Agreement. This Agreement shall not be <br />modified except by written instrument executed by the City and the Property Owner at <br />the time of modification. Such modifications shall be effective upon the date of <br />execution and shall be recorded. <br />[Signature Page Follows] <br />ATTY/AGR/2014 203/1831 E BAYSHORE STMMA <br />REV 10-06-14 VR Page 6 of 7 <br />
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