RES 17969 - Laserfiche WebLink

City. City of Pleasanton P O. Box 520 Pleasanton, CA 94566 Attention City Manager With a copy to: Burke, Williams & Sorensen, LLP 1901 Hamson Street, 9`" floor Oakland, CA 94612 Attention Susan E Bloch, Esq Owner: Kottinger Gardens Phase 2 Associates, L P 303 Vintage Park Dnve, Suite 250 Foster City, CA 94404 Attention Matthew 0 Franklin, President With a copy to. Gubb & Barshay, LLP 505 14th Street, Suite 450 Oakland, CA 94612 Attention Evan Gross And with a copy to. MUFG Union Bank, N.A 200 Pringle Avenue, Suite 355 Walnut Creek, CA 94596 Attention CDF Head 11 4 Further Assurances The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement 11 5 Parties Not Co-Venturers, Independent Contractor, No Agency Relationship. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of Owner and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Owner(except as expressly provided in this Agreement) or to any third party with respect to the Project Owner and its employees are not employees of City but rather are, and shall always be considered independent contractors Furthermore, Owner and its employees shall at no time pretend to be or hold themselves out as employees or agents of City. Except as City may specify in writing, Owner shall not have any authority to act as an agent of City or to bind City to any obligation 11 6 Action by the City Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted 21 OAK #4332-3506-8205 v4