RecD08 2008-099243 - Laserfiche WebLink

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Fund will be used to reimburse Keech for the construction of such facilities and improvements, and (iii) effectively segregate the rights and obligations of the parties under the Agreement as they relate to Area "H" from all other rights and obligations under the Agreement. F. The City and the District have determined that it is in their best interests to enter into this Tenth Amendment because they desire to assure that the Area "H" Improvements are completed and because the anticipated costs of completing the Area "H" Improvements far exceed the Facilities Charges that otherwise would be imposed and collected in connection with the development of Area "H." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: - 1. Incorporation of Recitals. Recitals A through F set forth above are incorporated into this Tenth Amendment as though fully set forth herein. 2. as follows: Paragraph 15 of the Agreement entitled "Assignment" is hereby amended to read "15. Assignment. Nothing herein shall prevent Keech from conveying all or part of its interest in any real property which is the subject ofthis Agreement and its rights under this Agreement to any purchaser(s), either directly or indirectly, of all or any portion of such real property, subject to the covenants described in this Agreement. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors and assigns. " 3. Paragraph 25 is hereby added to the Agreement and shall read as follows: "25. Amendments to Agreement. Notwithstanding any conflicting provisions contained in this Agreement, the following provisions shall control: (a) Area "H" Improvements. Keech shall construct the following improvements (the "Area 'H' Improvements"), and shall bear all design costs, architectural and engineering fees, permitting fees and other costs associated therewith: (i) Levee and grading improvements as described in the Rough Grading Plans for the Project prepared by BKF dated July 1, 2008, and the Geotechnical Investigation Proposed Area H Grading and Levee Construction prepared by Treadwell & Rollo, dated March 28, 2008, as amended by a letter addendum dated June 5, 2008; (ii) Improvements to Shearwater Parkway as described in "Improvement Plans for the Preserve at Redwood Shores" prepared by BKF dated July 14, 2008.; and A TTY / AGRJ Amendments/Tenth Amendment of Development Agreement GID 1-64 072308 3