RecDoc 2020-059051 - Laserfiche WebLink

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remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. 19. Covenant Running with „the Land. This Agreement pertains to and runs with the Property in perpetuity, and will be recorded against the Property at Property Owner's expense. This Agreement binds the assigns and successors -in -interest of Property Owner. City and its successors and assigns, in the event of any breach of this Agreement, will have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings against Property Owner or its permitted successors and assigns to enforce the curing of such breach. 20. Assignment by Pro e Owner. Property Owner covenants, for itself and its successors and assigns, not to sell, transfer, assign or otherwise dispose of ownership of the Property, unless the prospective purchaser, transferee or assignee expressly promises in writing to be bound by all of the provisions hereof, including the covenant in this Section 20 to require successors to expressly assume the obligations herein in the form of the assignment agreement attached hereto as Exhibit D. Upon such successor assuming all obligations and agreeing to be bound by this Agreement, such party shall constitute the "Property Owner" hereunder and all predecessors -in -interest to such party shall be fully relieved of the obligations hereunder and shall have no liability for any default or failure to perform occurring from and after the date of such assignment and assumption. Subsequent to execution of such assignment agreement, Property Owner shall transmit one fully executed copy to the City. 21. Release of Agreement. In the event that City determines that the stormwater treatment measure(s )located on the Property are no longer required, then City, at the request of Property Owner will execute a release of this Agreement, which Property Owner will record in the County Recorder's Office at Property Owner's expense. City reserves the option to record such release of this Agreement. The stormwater treatment measure(s) will not be removed from the Property unless such a release is so executed and recorded. 22. Attorneys' Fees. Should any legal action be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs as may be determined by the court. 23. Effective Date and Modification. This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement will not be modified except by written instrument executed by City and Property Owner at the time of modification. Such modifications will be effective upon the date of execution and will be recorded. REV: 05-12-2020 PR [Signature Page Follows] ATTY/AGR.2020.075nVindy Hill PV Five CM, LLC (Page 7 of 21)