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RecDoc2023-000975 Harbor View Property LLC.
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RecDoc2023-000975 Harbor View Property LLC.
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Last modified
1/26/2023 4:05:17 PM
Creation date
1/20/2023 12:32:20 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Development Agreement
Doc Num
2023-000975
Rec Date
1/10/2023
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have been executed, delivered and accepted subject to such covenants and restrictions, regardless <br />of whether such covenants or restrictions are set forth in such contract, deed or other instrument, <br />unless the City expressly releases such conveyed portion of the Project from the requirements of <br />this Agreement. <br />Section 6.5 Enforcement by the City. If Owner fails to perform any obligation under <br />this Agreement, and fails to cure the default within thirty (30) days after the City has notified the <br />Owner in writing of the default or, if the default cannot be cured within thirty (30) days, failed to <br />commence to cure within thirty (30) days and thereafter diligently pursue such cure, the City <br />may bring an action at law or in equity to compel the Owner's performance of its obligations <br />under this Agreement, and/or for damages. <br />Section 6.6 Rights of Third Parties to Enforce Covenants. Notwithstanding any other <br />provisions of law, all covenants and restrictions contained herein which implement Health and <br />Safety Code Sections 33413, or successor provisions, shall run with the land and shall be <br />enforceable by the City, and any of the parties listed in Health and Safety Code Section <br />33334.3(f)(7), so long as such provision or successor provision remains in effect. <br />Section 6.7 Listing_of Project in Database. The Owner hereby acknowledges and <br />agrees that Health and Safety Code Section 33418(c) requires that the Project be listed in a <br />database that shall be made available to the public on the internet and which will include the <br />street address, assessor's parcel number, and other information about the Project. The Owner <br />must disclose this requirement to all Residents and prospective Residents. <br />Section 6.8 Attorney's Fees and Costs. In any action brought to enforce this <br />Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including <br />reasonable attorneys' fees. This Section shall be interpreted in accordance with California Civil <br />Code Section 1717 and judicial decisions interpreting that statute. <br />Section 6.9 Recording and Filing. City and Owner shall cause this Agreement, and all <br />amendments and supplements to it, to be recorded against the Project in the Official Records of <br />the County of San Mateo prior to any liens, deeds of trust or other instruments securing any <br />monetary obligation of the Owner or recorded against the Project. This Agreement shall not be <br />subordinated to any liens, deeds of trust or other instruments recorded against the Project and <br />shall survive and remain effective as against any transferee acquiring the Project as a result of <br />any foreclosure or deed in lieu of foreclosure. <br />Section 6.10 Governing Law. This Agreement shall be governed by the laws of the <br />State of California. Venue shall be the County of San Mateo. <br />Section 6.11 Entire Understanding of the Parties. This Agreement constitutes the entire <br />Agreement between the Parties and no modification shall be binding unless reduced to writing <br />and signed by the Parties. <br />Section 6.12 No Third Party Beneficiaries. There shall be no third party beneficiaries to <br />this Agreement. <br />AM/AGR/2022.389/HARBOR VIEW Exhibit F-15 <br />PROJECT DEVELOPMENT AGREEMENT <br />REV: 10-28-2022 VR <br />
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