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8.A. - Page 126 of 154 <br />approval of City. In connection with any such assignment to a homeowners' <br />association, Property Owner and its assignee will execute and deliver to City a written <br />assignment and assumption agreement in a form acceptable to City Attorney. <br />21. Release of Agreement. In the event that City determines that the stormwater <br />treatment measure(s) located on the Property are no longer required, then City, at the <br />request of Property Owner will execute a release of this Agreement, which Property <br />Owner will record in the County Recorder's Office at Property Owner's expense. City <br />reserves the option to record such release of this Agreement. The stormwater treatment <br />measure(s) will not be removed from the Property unless such a release is so executed <br />and recorded. <br />22. Attorneys` Fees. Should any legal action be brought by either party because of <br />breach of this Agreement or to enforce any provision of this Agreement, the prevailing <br />party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs <br />as may be determined by the court. <br />23. Authorily. Each person executing this Agreement on behalf of a party represents <br />and warrants that such person is duly and validly authorized to do so on behalf of the <br />entity it purports to bind and if such party is a partnership, corporation or trustee, that such <br />partnership, corporation or trustee has full right and authority to enter into this Agreement <br />and perform all of its obligations hereunder. <br />24. No Agency Relationship. Neither Property Owner nor any of Property Owner's <br />agents, contractors or subcontractors are or will be considered to be agents of City in <br />connection with the performance of any of Property Owner's obligations under this <br />Agreement. <br />25. Counterparts. This Agreement may be executed in any number of counterparts <br />which together will constitute the contract of the Parties. <br />26. Effective Date and Modification. This Agreement is effective upon the date of <br />execution as stated at the beginning of this Agreement. This Agreement will not be <br />modified except by written instrument executed by City and Property Owner at the time <br />of modification. Such modifications will be effective upon the date of execution and will <br />be recorded. <br />REV: 01-20-21 PR <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br />ATTYIAGR.2021.008/1548 Maple LLC (1548 Maple - STMMA) (Page 8 of 34) 338 <br />