15 ATTACHMENT 2 - Laserfiche WebLink

5. This Agreement shall be recorded in Alameda County prior to issuance of a final certificate of occupancy for the Project and shall run with the land. Upon any transfer of the Project, the transferring entity shall be released from liability under this Agreement upon acknowledgement of responsibility by the transferee entity. 6. The obligations under this Agreement are nonrecourse obligations of Developer, and no partner of Developer shall have any personal liability in connection herewith. 7. If Developer fails to perform an obligation hereunder, and such failure continues for thirty (30) days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Developer shall be in default hereunder and the City's sole remedy hereunder shall be to pursue an action for specific performance against Developer. 8. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, seat by prepaid registered or certified mail with return receipt requested, or sent by facsimile, and shall be deemed to have been given on the earliest of (a) receipt or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or ogler communication is also delivered pursuant to clause (b) or (c) above. Al] references to "business days" herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section): If to the City, at: City of Pleasanton P.O. Box 520 Pleasanton, California 94566 Attention: City Manager Facsimile No.: (925) 931 -5482 If to the Developer, at: Hacienda Pleasanton, L.P. c/o St. Anton Partners, LLC 1801 I Street, Suite 200 Sacramento, California 95811 Attention: Steven L. Eggert Facsimile No.: (916) 444 -9843 With a Copy to: Cox, Castle & Nicholson LLP 555 California Street, 10th Floor San Francisco, California 94104 Attention: Stephen C. Ryan, Esq. Facsimile No.: (415) 262 -5199 4