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<br />referred to or contemplated' by it, along with the purchase order for this Agreement and <br />its provisions, embody the entire Agreement and understanding between the parties <br />relating to the subject matter of it. Neither this Agreement nor any of its provisions may <br />be amended, modified, waived or discharged except in a writing signed by both parties. <br /> <br />18. Severability. The provisions of this Agreement shall be severable and if any <br />phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is <br />adjudged invalid or unconstitutional by a court of competent jurisdiction, or the <br />applicability to any Property Owner is held invalid, this shall not affect or invalidate the <br />remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence <br />or provision of this Agreement. <br /> <br />19. Covenant Runnina with the Land. This Agreement will be recorded by the City in <br />the County Recorder's Office of the County of San Mateo, California at the Property <br />Owner's expense. The covenants and agreements contained herein shall be deemed to <br />be covenants running with Title to the land for the benefit of the City and its successors. <br /> <br />20. Release of Aareement. In the event that the City determines that the stormwater <br />treatment measures located on the Property are no longer required, then the City, at the <br />request of the Property Owner shall execute a release of this Maintenance Agreement, <br />which the Property Owner shall record in the County Recorder's Office at the Property <br />Owner's expense. The City reserves the option to record such release of this <br />Maintenance Agreement. The stormwater treatment measure( s) shall not be removed <br />from the Property unless such a release is so executed and recorded. <br /> <br />21. Effective Date and Modification. This Agreement is effective upon the date of <br />execution as stated at the beginning of this Agreement. This Agreement shall not be <br />modified except by written instrument executed by the City and the Property -Owner at <br />the time of modification. Such modifications shall be effective upon the date of <br />execution and shall be recorded. <br /> <br /> <br />"3-t-lo <br />P GTE'\'- "OI2AM.ETSA~T( Date <br /> <br />S. Peter Vorametsanti. P.E. City Enaineer <br />Type or print name and title <br /> <br />ilt:~ <br /> <br />ftbvu LLtlf-1-4 { [JD I () <br />Date ' <br /> <br />Property Owner Signature_i r-::Cl <br />CAx<..L 6 VA~ r~ <br /> <br />In-N-Out Buraers, 13502 Hamburaer Lane, Baldwin Park, CA 91706 <br />Type or print Property Owner name and address <br /> <br />sllibrary/agreements/Master _ Stormwater Treatment Measures Maintenance <br /> <br />ATTY/AGR/2010.011 <br />021810 <br /> <br />7 <br />