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Maintenance District following formation of the CFD. Capitalized terms used without definition <br />herein shall have the meaning ascribed to such terms in the Levee Agreement. <br />5. Levee Agreement Controls. The Parties have executed and recorded this <br />instrument to give notice of the Levee Agreement and the respective rights of the Parties <br />thereunder. Copies of the unrecorded Levee Agreement are available at the offices of the City, <br />located at 1017 Middlefield Road, Redwood City, California 94063, and such document is <br />incorporated by reference in its entirety in this Memorandum. This Memorandum is solely for <br />recording purposes and shall not be construed to alter, modify, amend or supplement the Levee <br />Agreement. In the event of any conflict or inconsistency between the provision of this <br />Memorandum and the provisions of the Levee Agreement, the Levee Agreement shall control. <br />6. Counterparts. This Memorandum may be executed in counterparts, each of which <br />shall be deemed an original, and all of which, taken together, shall constitute one and the same <br />instrument. <br />IN WITNESS WHEREOF, this Memorandum has been executed by the Parties as of the <br />date first written above. <br />[SIGNATURES ON FOLLOWING PAGES] <br />OAK #4847-4342-3183 v2 <br />