HATSUSHI ESTATES HOMEOWNERS - LICENSE AGMT - ENTRY ONTO CITY PROPERTY FOR LANDSCAPING

remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement. 15. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. 16. ATTORNEY'S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred. 17. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 18. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the use of the Premises described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. 19. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Licensee and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the City and Licensee do hereby agree to the full performance of the terms set forth herein. CITY OF PLE ANTON LICENSEE Hatsushi Estates Homeowners Association L I Nelson Fialho City Manager tY By: Title: OW IOPn A EST: Date: 4_ d�J .r, are Diaz, City @MI APPROVED AS TO FORM: t, Jonathan Lowell, City Attorney Rev. 2/24/2010 X:ALSVCommunity DevelopmentACurrent DevAHatsushi PUD -99 -14 Tact 7890ALicense landscape doe Page 4 of 4