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Agmt21 STMAA-536 Whipple _Bucky Bear, LLC
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Agmt21 STMAA-536 Whipple _Bucky Bear, LLC
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Last modified
6/30/2021 4:02:02 PM
Creation date
6/30/2021 3:59:59 PM
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Agreement
Contractor Name
Bucky Bear, LLC
PROJECT NAME
Stormwater Treatment Measures Maintenance Agreement - 536 Whipple Ave.
RMP File Number
304.5
Date
4/28/2021
MO Ref
20-174
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14. Notices. The name of the persons who are authorized to give written notices or to <br />receive written notice on behalf of City and on behalf of Property Owner under this <br />Agreement. <br />For City.; <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />(650) 780 - 7000 <br />Attn: City Manager <br />For Property Owner: <br />Bucky Bear, LLC <br />2555 North Pear Street, Unit 1205 <br />Dallas, Texas, 75201 <br />(925) 348-1844 <br />Attn: Mr. Kase Abusharkh <br />Except as otherwise stated, all notices to be provided or that may be provided under this <br />Agreement must be in writing and delivered by regular and certified mail, return receipt <br />requested. Each party will notify the other immediately of any changes of address that <br />would require any notice or delivery to be directed to another address. <br />15. Jurisdiction 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 California, <br />and the Parties waive all provisions of law providing for a change of venue in these <br />proceedings to any other county. <br />16. Paraq_raph Headings: Recitals. Paragraph headings as used herein are for <br />convenience only and will not be deemed to be a part of such paragraphs and will not be <br />construed to change the meaning thereof. The above recitals are incorporated by <br />reference as though fully set forth herein. <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. Severability. The provisions of this Agreement will be severable and if any phrase, <br />clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged <br />invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any <br />Property Owner is held invalid, this will not affect or invalidate the remainder of any <br />phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this <br />Agreement. <br />19. Covenant Running with the Land. This Agreement pertains to and runs with the <br />Property in perpetuity, and will be recorded against the Property at Property Owner's <br />expense. This Agreement binds the assigns and successors -in -interest of Property Owner. <br />City and its successors and assigns, in the event of any breach of this Agreement, will have <br />the right to exercise all of the rights and remedies, and to maintain any actions at law or <br />suits in equity or other proper proceedings against Property Owner or its permitted <br />successors and assigns to enforce the curing of such breach. <br />REV: 01-22-20 PR <br />ATTY/AGR.2020 009/Bucky Bear, LLC (Page 6 of 21) <br />
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