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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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7/14/2022 3:03:29 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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i <br /> 4. Right of Possession and Use. CI11f's right of possession and use of the TCE Area, <br /> including the right to remove and dispose of improvements,and install and connect utilities, shall <br /> commence on the date escrow doses under the Original Agreement. <br /> 5. Notice to Successors. If GRANTOR sells, conveys or assigns any property interest <br /> encumbered by this TCE Agreement before the CITY exercises its rights, GRANTOR shall notify the <br /> successor or assigns of the rights and obligations under this TCE Agreement. <br /> 6. Remedies for Breach. In the event of a breach of this TCE Agreement by GRANTOR, <br /> CITY is entitled to pursue any and all remedies available to it against GRANTOR, including,without <br /> Imitation,Maims for all damages attributable to GRANTOR's bread,and specific performance of this <br /> TCE Agreement. in the went of a breach of this TCE Agreement by CITY, GRANTOR is entitled to <br /> pursue any and all remedies available to it against CITY,including,wi Imitation,claims for all <br /> damages,attributable to CftY's broach,and specific performance of this TCE Agreement. <br /> T. Miscellaneous. <br /> A. Authorthr to skimArscrmW of CITY. GRANTOR and the signatories represent and warrant <br /> that the signatories to this TICE Agreement are authorized to enter into this TCE Agreement to <br /> convey real property turd that no other authorizations are required to implement this TCE Agent <br /> on behalf of GRANTOR <br /> GRANTOR understands that this TCE Agreement Is subject to the approval of CITY,and this <br /> TCE Agreement shall have no effect unless and until the CITY COUNCIL approves ft. <br /> B. Counterparts fikMghue. This TCE <br /> Agreement may be executed in counterparts, each of <br /> which shall-be an <br /> original, but all counterparts shall constitute one agreement. <br /> i C. Entire AgMgMWj The parties have here set forth the whole of their agreement <br /> I <br /> D. iB oftg on Sum and&sauna This TCE Agreement shall be binding on and inure to <br /> the benefit of the respective heirs,successors and assigns of the parties. <br /> E. ,I dIldoM grid V, nM ,This TCE Agreement shall be governed by and constructed in <br /> accordance with the laws of the State of California. The parties consent to the ju isuidion of the <br /> California courts with venue in the County of Alameda. <br /> F. Waiver and Modillcation. Any waiver,modification, consent or acquiescernee w51n respect to <br /> any provision of this TCE Agreement shall be set forth in writing and duly executed by or on behalf of <br /> the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a <br /> waiver of any other or subsequent breach. <br /> G. mss. 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 /> Pacific Bell Telephone Company City of Pleasanton Engineering Department <br /> 5009 Executive Parkway,2W958 P.O. Box 520 <br /> San Ramon, CA 94583 Pleasanton, CA 94566-0802 <br /> Attn: Portfolio Manager Aft Steve Kirkpatrick, Director of Engineering <br /> City Engineer <br /> PMWaa4 <br />
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