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6.1.B. - Page 34 equity or other proper proceedings against the Developer or its permitted successors and assigns to enforce the curing of such breach. 14. ASSIGNMENT BY DEVELOPER a. Assignment to Successor Developer Developer may assign its obligations under this Agreement to a successor developer only with the prior written approval of the City. In connection with any such assignment, the Developer and its assignee, the successor developer, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney. b. Assignment to Homeowners Association Upon the issuance of a Public Report by the Department of Real Estate and the commencement of the sale of condominiums to the public, and transfer of title, either to unit owners in undivided interests as tenants -in- common, or to the Association, to the Common Areas of the 333 Main Street project described in the recorded Condominium Plan and recorded CC &Rs, the obligations of the developer under this Agreement shall automatically be assumed by and shall become the obligations of the Association. c. Release of Developer Upon the City's acceptance of the written Assignment and Assumption Agreement between the developer and a successor developer, and /or upon the assumption by the Association of Developer's obligations under this Agreement, Developer shall be relieved of the performance of any further duties or obligations under this Agreement arising after such assignment and the Developer shall be released from any further liability under this Agreement. 15. NOTICES Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To the Developer: 333 Main Street RWC, LLC 901 Mariner's Island Blvd, Suite 700 San Mateo, CA 94404 Attn: Chief Development Officer To the City: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Manager With a copy to: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Attorney 16. MISCELLANEOUS a. Entire Agreement, Amendments This Agreement contains the entire understanding and agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement. ATTY /AGR/2012.026/ LANDSCAPE MAINTENANCE AGREEMENT- 333 MAIN STREET REV:03 -08 -12 VR Page 5 of 9