Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

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Exhibit F-15 ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR successor statutes. Owner shall also file a copy of any notices sent by Owner pursuant to this Section with the City Manager. Section 6.4 Covenants to Run With the Land. The City and the Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Project, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire, unless otherwise expressly stated herein. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the City expressly releases such conveyed portion of the Project from the requirements of this Agreement. Section 6.5 Enforcement by the City. If Owner fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the City has notified the Owner in writing of the default or, if the default cannot be cured within thirty (30) days, failed to commence to cure within thirty (30) days and thereafter diligently pursue such cure, the City may bring an action at law or in equity to compel the Owner's performance of its obligations under this Agreement, and/or for damages. Section 6.6 Rights of Third Parties to Enforce Covenants. Notwithstanding any other provisions of law, all covenants and restrictions contained herein which implement Health and Safety Code Sections 33413, or successor provisions, shall run with the land and shall be 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 party 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.