RecDoc 2021-139035 475 Upland Sanitary Sewer

Browse Search

longer period of time as may reasonably be required, provided that the Property Owner shall commence to remedy such default within thirty (30) days period and thereafter diligently prosecute such remedy to completion). If the Property Owner fails to remedy the event of default within the prescribed time period, the City shall have the right to do all work necessary to remedy the event of default and charge the Property Owner actual costs incurred by the City for such work and the City shall have the right to terminate service as specified in Section 61. 13. ASSIGNMENT BY CITY. The City shall have the right at its option to assign its rights and obligations under this Agreement to a municipal services district or other public agency without consent of the Property Owner. 14. AGREEMENT ATTACHES TO LAND AND BINDS PROPERTY OWNER'S SUCCESSORS AND ASSIGNS This Agreement pertains to and runs with the Property in perpetuity, and shall be recorded against the Property. 15. TRANSFER OF PROPERTY. This Agreement binds the assigns and successors -in- interestof the Property Owner, including any transferee of a fee interest in the Property. The City and its successorsand assigns, in the event of any breach of this Agreement, shall 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 the Property Owner or its permitted successors and assigns to enforce the curing of such breach. If the benefited property is sold in part and/or subdivided, utility service shall not be extended to additional parts or any subdivided lands. 16. ASSIGNMENT BY PROPERTY 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 16 to require successors to expressly assume the obligations herein in the form of the assignment agreement attached hereto as Exhibit C. 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. 17. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as set forth below. Either party may provide updated contact information to the other party by written notice. To the Property Owners: James D. Testa and Caryn L. Testa 475 Upland Road Redwood City, CA 94062 REV: 08-26-21 SK ATTY/AGR.2021.1181475 Upland Road -SSU Maintenance Agreement (Page 6 of 22)