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09
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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071922
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Last modified
7/14/2022 3:03:29 PM
Creation date
7/14/2022 2:27:16 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/19/2022
DESTRUCT DATE
15Y
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09 SUPPLEMENTAL
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GRANTOR: T.P.HERITAGE INN AND S.S.HERITAGE INN APN: 941-1300-14 AND 9414300-15 <br /> PROJECT: JOHNSON DRIVE EcoNowc DEVELOPMENT ZONE PROJECT <br /> GRANTOR understands that this Agreement is subject to the approval of CITY, and this <br /> Agreement shall have no effect unless and until the CITY COUNCIL approves it. <br /> B. Counterparts Sionature. This Agreement may be executed in counterparts, each of <br /> which shall be an original, but all counterparts shall constitute one agreement. <br /> C. Entire Agreement. The parties have here set forth the whole of their agreement. The <br /> performance of this Agreement constitutes the entire consideration for the Fee, Easement <br /> i and TCE and shall relieve CITY of all further obligations or claims on this account or on <br /> account of the location, grade, construction or operation of the proposed Project. <br /> D. Binding on Successors and Assions. This Agreement shall be binding on and inure to <br /> the benefit of the respective heirs, successors and assigns of the parties. <br /> E. JWbIlction and Von ye. This Agreement shall be governed by and constructed in <br /> accordance with the laws of the State of California. The parties consent to the jurisdiction of <br /> the California courts with venue in the County of Alameda. <br /> I <br /> F. Cooperation. Each party agrees to cooperate with the other in the closing of this <br /> transaction and, in that regard,to sign any and all documents which may be reasonably <br /> l necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement <br /> including, but not limited to, releases or additional agreements. <br /> G. Waiver and Modification. Any waiver, modification, consent or acquiescence with <br /> respect to any provision of this Agreement shall be set forth In writing and duly executed by <br /> or on behalf of the party to be bound thereby. No waiver by any party of any breach <br /> hereunder shall be deemed a waiver of any other or subsequent breach. <br /> H. Notices. Any notice that either party may or is required to give the other shall be in writing, <br /> and shall be either personally delivered or sent by regular U.S.Mail,to the following addresses: <br /> To GRANTOR. To CITY: <br /> fS" ech hltViA f City of Pleasanton Engineering Department <br /> u►i P.O. Box 520 <br /> V Bil I DX Pleasanton, CA 94566-0802 <br /> Attn: Steve Kirkpatrick, Director of Engineering <br /> City Engineer <br /> 1. SaywaWl1ity. If any term or provision of this Agreement shall,to any extent, be held invalid <br /> or unenforceable, the remainder of this Agreement shall not be affected, so long as the <br /> economic or legal substance of the transactions contemplated hereby is not affected in any <br /> manner adverse to either party. Upon such determination that any term or provision is illegal <br /> or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this <br /> Agreement so as to effect the original intent of the parties as closely as possible in an <br /> acceptable manner to the end that transactions contemplated hereby are fulfilled to the <br /> greatest extent possible. <br /> J. Construction. Section headings are solely for the convenience of the parties and are not <br /> a part of and shall not be used to interpret this Agreement The singular form shall include the <br /> plural and vice versa. This Agreement shall not be construed as if it had been prepared by <br /> one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, <br /> all references to Sections are to this Agreement. <br /> [Signatures on the kdtoowing page] <br /> Papp 5 o/6 <br />
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