AgdaPkt 2013-04-08 - Laserfiche WebLink

Browse Search

6.1.A. - Page 39 14. AGREEMENT ATTACHES TO LAND AND B1NDS DEVELOPER'S SUCCESSORS AND ASSIGNS. This Agreement pertains to and runs with the Property in perpetuity, and shall be recorded against the Property. This Agreement binds the assigns and successors-in-interest of the Developer, including any transferee of a fee interest in any the Property. The City and its successors and assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings against the Developer or its permitted successors and assigns to enforce the curing of such breach. 15. ASSIGNMENT BY DEVELOPER. The Developer may assign its obligations under this Agreement only upon the Developer and its assignee executing and delivering to the City a written assignment and assumption agreement in a form acceptable to the City Attorney. Any assignment and assumption agreement entered into pursuant to this Section 15 shall be recorded in the San Mateo County Recorder's Office. Upon execution and recordation of the assignment and assumption agreement, the Developer's obligations under this Agreement shall inure to its successor and assignee and the Developer shall be released from the obligations of the Developer under this Agreement arising from and after the date of the assignment and assumption agreement. 16. 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: Elan Redwood City, LLC One Market Spear Tower, 36th Floor San Francisco, CA 94105 Attn: Jonathan Hayes 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 17. MISCELLANEOUS. a. Entire A�reement, 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/2013.040/ELAN (145 MONROE)LANDSCAPE MAINTENANCE AGREEMENT REV:03-28-13 VR Page 6 of 8