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Agmt05 Ryland
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Agmt05 Ryland
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Last modified
7/5/2005 3:02:03 PM
Creation date
5/10/2005 11:06:23 AM
Metadata
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Template:
Agreement
Contractor Name
Ryland
PROJECT NAME
Gossamer Isle vs SF Bay Conservation - settlement
RMP File Number
304
Date
10/22/2003
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<br />SETTLEMENT AGREEMENT <br /> <br />The City of Redwood City, a chartered municipal corporation of the <br />State of Cali fomi a ("City") and Ryland (as used herein, "Ryland" means (1) <br />The Ryland Group, Inc. and (2) Ryland Homes of Calif., Inc., f/k/a MJ. <br />Brock and Sons, Inc. dba Ryland Homes and/or Ryland Homes Bay Area <br />Division) agree re: Gossamer Isle Owners' Association. etc., v. San <br />Francisco Bay Conservation and Development Commission. et aI., San <br />Mateo Superior Court Action No. 417434 (the "Action"): <br /> <br />1. <br />prejudice; <br /> <br />The City shall dismiss its cross-complaint against Ryland with <br /> <br />2. Ryland shall dismiss its cross-complaint against the City with <br />prejudice; and <br /> <br />3. As consideration for the foregoing agreements and for Ryland <br />entering into a settlement with plaintiff in the Action, the City agrees that all <br />maintenance obligations arising under Permit 94-6, as amended, issued by <br />defendant San Francisco Bay Conservation and Development Commission <br />("BCDC") and under that certain document entitled, "Notice of Covenants, <br />Conditions And Restrictions Affecting Gossamer Isle, a single family lot <br />subdivision Filed per that map recorded in Book 127 of Maps at pages 59- <br />61, inclusive, San Mateo County Records," (the "CC & Rs"), which <br />document includes settlement provisions of the Action among plaintiff, the <br />City and BCDC, shall be the obligations of the City and plaintiff Gossamer <br />Isle Owners' Association alone, and not of Ryland. The foregoing agreement <br />shall be effective from and after recordation of the CC & Rs. Nothing herein <br />contained shall be deemed to affect Ryland's obligations under that certain <br />agreement between Ryland and the City entitled, "Agreement for <br />Improvement of Gossamer Isle," dated December 1, 1997, including, <br />without limitation, Ryland's obligation thereunder to guarantee and secure <br />the workmanship and materials of the subdivision improvements therein <br />described. <br /> <br />(signature page follows) <br /> <br />---',... <br />
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