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8. Covenants. Owner covenants that they shall not permit any new liens, encumbrances or easements to be placed on the Property; nor shall Owner enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on the City or the Property after the Close of Escrow. 9. Brokers. The parties did not retain any brokers or realtors related to this purchase and sale. If either party does retain a broker or realtor related to this transaction, that party shall be responsible for any fees generated. 10. Entire Agreement. This Agreement contains the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. 11. Counterparts. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. 12. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the Owners shall have the legal power, right and actual authority to enter into this Agreement on behalf of Owner and to bind Owner to the terms and conditions thereof. 13. Time is of Essence. Time is of essence in this Agreement. 14. Successors. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, successors and assigns. 15. Notices. All notices and other communication shall be addressed as follows: Owner : Catherine M. Cook City: City of Pleasanton 4138 Vineyard Ave. P.O. Box 520 Pleasanton, CA Pleasanton, CA 94566 Attn: Assistant City Manager Fax: 925- 931 -5482 In witness whereof, the Parties have executed this Agreement as of the date and year first above written. CITY OF PL • SANTON OWNER (;#r %t/ Nelson Fialho, City Manager Catherine M. Cook ATTE T: /'' Kare Diaz, City Clerk APPROVED AS TO FO' // Jonathan P. Lowell, City Attorney � Page 3 of 3