ORD 1650 - Laserfiche WebLink

transferee is set forth and CO) the transferee expressly and unconditionally assumes all of the obligations of Partners under this Agreement with respect to the portion of the project transferred. Partners shall, in any event, give written notice to the County and City of the transfer of any portion of the Project, disclosing therein the identity of the transferee and such transferee's address. 15.3 Covenants Run With The Land. During the term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parries and their respective heirs, permitted successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Subject Property, any lot, parcel or any portion thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors Coy merger consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including without limitation, Section 1648 of the California Civil Code. Each covenant to do or refrain from doing some act on the Subject Property (i) is for the benefit of the Subject Property and shall be a burden upon the Subject Property; (ii) runs with the Subject Property; and (3) is binding upon each patty and each permitted successor owner during its ownership of the Subject Property or any portion th~f, and each person or entity having any interest therein derived in any manner through any owner of the Subject Property, or any portion thereof, and shall benefit each party and the Subject Property hereunder, and each other person or entity succeeding to an interest in the property. 15.4 Annexation. If the Subject Property, or any portion of it, is annexed to any City, this Agreement shall remain valid and shall be binding upon the City to which the Subject Property is annexed, subject to the terms of Exhibits "B* "E* , and *F~. If there is any conflict between the terms of this Agreement and Exhibits "B*, "E*, or "F*, Exhibits "B*, *E*, or shall prevail. The Partners and the City shall have the same rights and obligations to each other as if the property had remained in the unincorporated terntory of the County and the City stood irt the Diaca of hie Count)'. All obligations of s_nd actions to be taken by the County under this Agreement shall be deemed obligations of and actions to De taken by th~ C'i:y to which the Subject Property is annexed. References to the Board of Supervisors or other County agencies shall be deemed to refer to the City Council or other corresponding agencies of the City. Upon annexation to a City, that City shall become the agency for processing required development approvals, except as otherwise agreed; but, the rights of Partners to develop the Project which are vested under this Agreement shall remain unchanged and any such approvals shall be processed, reviewed and approved in accordance with the terms of this Agreement. 16. Construction Of Agreement_. Language in this Agreement in all cases shall be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs t\11/93: nbyb~ll.d~clpm_5.qm 14