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RecDoc2023-063043 Housing Affordability Agreement Broadway Plaza
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RecDoc2023-063043 Housing Affordability Agreement Broadway Plaza
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12/19/2023 3:36:48 PM
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12/19/2023 3:33:47 PM
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Recorded Docs
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Agreement
Doc Num
2023-063043
Rec Date
11/29/2023
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waive all provisions of law providing for a change of venue in any proceeding to any other <br />county. <br />Section 4.10 Waivers. <br />Any waiver by the City of any obligation or condition in this Agreement must be in <br />writing. No waiver will be implied from any delay or failure by the City to take action on any <br />breach or default of Developer or Affordable Developer or to pursue any remedy allowed under <br />this Agreement or applicable law. Any extension of time granted to Developer or Affordable <br />Developer to perform any obligation under this Agreement shall not operate as a waiver or <br />release from any of its obligations under this Agreement. Consent by the City to any act or <br />omission by Developer or Affordable Developer shall not be construed to be a consent to any <br />other or subsequent act or omission or to waive the requirement for the City's written consent to <br />future waivers. <br />Section 4.11 Title of Parts and Sections. <br />Any titles of the sections or subsections of this Agreement are inserted for convenience of <br />reference only and shall be disregarded in interpreting any part of the Agreement's provisions. <br />Section 4.12 Multiple Originals; Counterpart. <br />This Agreement may be executed in multiple originals, each of which is deemed to be an <br />original, and may be signed in counterparts. <br />Section 4.13 Recording of Agreement. <br />The Developer shall cause this Agreement to be recorded against the Residential Site, in <br />the Official Records of San Mateo County. <br />Section 4.14 Severability. <br />In the event any limitation, condition, restriction, covenant or provision contained in this <br />Agreement is held invalid, void or unenforceable by any court of competent jurisdiction, the <br />remaining portions of this Agreement shall nevertheless be and remain in full force and effect. <br />Section 4.15 Affordable Housing Plan. <br />The Developer and Affordable Developer shall comply with the Affordable Housing Plan <br />submitted to City, approved by the City and on file with the Development Department. In the <br />event the terms and conditions of the Affordable Housing Plan and this Agreement conflict, this <br />Agreement shall control. <br />Section 4.16 Headin s• Inte retation, StatuLM References. <br />The section headings and captions used herein are solely for convenience and shall not be <br />used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of <br />16 <br />1199\10\3609857.1 <br />REV: 10-18-23 SK <br />
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