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RecDoc2025-044229 STMMA 879 Vista Drive Lot 1
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RecDoc2025-044229 STMMA 879 Vista Drive Lot 1
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9/2/2025 4:40:47 PM
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9/2/2025 4:40:22 PM
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Recorded Docs
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Agreement
Doc Num
2025-044229
Rec Date
8/26/2025
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would require any notice or delivery to be directed to another address_ <br />16. Assignment by Developer. Developer may assign its obligations under this <br />Agreement only with the City Manager's prior written approval. In connection with any <br />such assignment, Developer and its assignee will execute and deliver to City a written <br />assignment and assumption agreement in a form reasonably acceptable to the City <br />Attorney. Developer may sell and/or grant the fee interest of lots/units or common area <br />located on the Property and thereby transfer all of its obligations under this Agreement to <br />its successors. Upon the sale and/or grant of a fee interest in a particular lot or common <br />area located on the Property, Developer's obligations under this Agreement will inure to <br />its successor -in -interest and Developer will thereafter be released from its obligations <br />under this Agreement with respect to such lot or common area. <br />17. Assignment 6v City. City may assign its rights and obligations under this <br />Agreement to a municipal services district or other public agency without Developer's <br />consent. <br />18. Covenant Running with the Land. This Agreement pertains to and runs with <br />the Property in perpetuity, and will be recorded against the Property at Developer's <br />expense. This Agreement binds the assigns and successors -in -interest of Developer, <br />including any transferee of any fee interest within the Property. City and its successors <br />and assigns, in the event of any breach of this Agreement, will have the right to exercise <br />all of the rights and remedies, and to maintain any actions at law or suits in equity or other <br />proper proceedings against Developer or its permitted successors and assigns to enforce <br />the curing of such breach. <br />19. Release of Agreement. In the event that City determines that the stormwater <br />treatment measure(s) located on the Property are no longer required, then City, at the <br />request of Developer will execute a release of this Agreement, which Developer will <br />record at Developer's expense. City reserves the option to record such release of this <br />Agreement. The stormwater treatment measure(s) will not be removed from the Property <br />unless such a release is so executed and recorded. <br />20. Miscellaneous. <br />20.1 Entire Agreement, Amendments, Recitals. This Agreement contains <br />the entire understanding and agreement of the Parties. This Agreement may be <br />altered, amended or modified only by an instrument in writing, executed by the <br />Parties to this Agreement. All recitals set forth above are incorporated by reference <br />into this Agreement. <br />20.2 Paragraph Headings. Paragraph headings in this Agreement are for <br />convenience only and are not intended to be used in interpreting or construing the <br />terms, covenants or conditions contained in this Agreement. <br />REV: 05-01-25 VR <br />ATTY/AGR.2025.095/879 Vista Drive Partners, LLC (879 Vista Dr (Lot 2) (Page 7 of 16) <br />
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