RecDoc2023-013328 Harbor View Project

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enforceable by the City, and any of the parties listed in Health and Safety Code Section 33334.3(f)(7), so long as such provision or successor provision remains in effect. Section 6.7 Listing of Project in Database. The Owner hereby acknowledges and agrees that Health and Safety Code Section 33418(c) requires that the Project be listed in a database that shall be made available to the public on the internet and which will include the street address, assessor's parcel number, and other information about the Project. The Owner must disclose this requirement to all Residents and prospective Residents. Section 6.8 Attorney's Fees and Costs. In any action brought to enforce this Agreement, the prevailing parry shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This Section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. Section 6.9 Recording and Filing. City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded against the Project in the Official Records of the County of San Mateo prior to any liens, deeds of trust or other instruments securing any monetary obligation of the Owner or recorded against the Project. This Agreement shall not be subordinated to any liens, deeds of trust or other instruments recorded against the Project and shall survive and remain effective as against any transferee acquiring the Project as a result of any foreclosure or deed in lieu of foreclosure. Section 6.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the County of San Mateo. Section 6.11 Entire Understanding of the _Parties. This Agreement constitutes the entire Agreement between the Parties and no modification shall be binding unless reduced to writing and signed by the Parties. Section 6.12 No Third Party Beneficiaries. There shall be no third party beneficiaries to this Agreement. Section 6.13 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. Section 6.14 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of San Mateo, California. Section 6.15 Notice. Formal notices, demands, and communications between the City and the Owner shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the City and the Owner as follows: ATN/AGR/2022.389.01- HARBOR VIEW PROJECT DA—AFFORDABLE HOUSING COVENANT (36, 44, AND 70 RENATO COURT) REV: 03-1S-23 VR Page 15 of 22