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6.2.B. - Page 13 <br />common area(s) located on the One Marina site and to thereby transfer all of its obligations under this <br />Agreement to its successor, the HOA. Upon the sale and /or grant of a fee interest in a particular lot, <br />parcel or common area located on the One Marina site, Developer's obligations under this Agreement <br />shall be transferred to and shall inure to its successor -in- interest and the Developer shall be released fi•om <br />all of its obligations under this Agreement with respect to such lot, parcel or common area. In furtherance <br />and not in limitation of the foregoing, once the Developer has transferred all of its interest in the One <br />Marina site, the Developer shall be released from all of its obligations under this Agreement. <br />16. NOTICES Any notices relating to this Agreement shall be given in writing and shall be <br />deemed sufficiently given and served for all purposes when delivered personally or by generally <br />recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or <br />registered, return receipt requested, with postage prepaid, addressed as follows: <br />To the Developer: RC Peninsula Park, LLC <br />270 St. Paul Street <br />Denver, Colorado 80206 <br />Attn: Mike Serra <br />With a copy to: Meyers Nave <br />575 Market Street, Suite 2600 <br />San Francisco, California 94105 <br />Attn: Sue Bloch <br />To the City: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Manager <br />With a copy to: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Attorney <br />17. MISCELLANEOUS <br />a. Entire Agreement, Amendments This Agreement contains the entire understanding and <br />agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in <br />writing, executed by the Parties to this Agreement. <br />b. Paragraph Headings Paragraph headings as used herein are for convenience only and <br />shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning <br />hereof. <br />c. Governing Law This Agreement shall be construed and governed in accordance with the <br />laws of the State of California. Venue shall be the County of San Mateo. <br />d. Counterparts This Agreement may be executed in any number of counterparts which <br />together shall constitute the contract of the Parties. <br />e. Exhibits Any and all exhibits and schedules attached or to be attached hereto are hereby <br />incorporated and made a part of the Agreement by reference. <br />ATTYIAGRl2011.077IIANDSCAPE MAINTENANCE AGREEMENT <br />082911 <br />