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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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20. Assignment bV Property Owner. Property Owner may assign its obligations under <br />this Agreement only with City's prior written approval. In connection with any such <br />assignment, Property Owner and its assignee will execute and deliver to City a written <br />assignment and assumption agreement in a form reasonably acceptable to the City <br />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 Owner <br />will record in the County Recorder's Office at Property Owner's expense. City reserves the <br />option to record such release of this Agreement. The stormwater treatment measure(s) will <br />not be removed from the Property unless such a release is so executed 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. 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: 01-22-20 PR <br />[Signature Page Follows] <br />ATTY/AGR.2020.009/Bucky Bear, LLC (Page 7 of 21) <br />
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