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<br />Attention: Eric Luchini <br /> City of Pleasanton Planning Division <br /> 200 Old Bernal Avenue <br />P.O. Box 520 <br />Pleasanton, CA 94566-0802 <br /> <br />3. Term. This Agreement shall be effective on the date of execution and shall continue <br />until January 31, 2024 or the final action regarding the Project by the City, whichever occurs <br />later. <br /> <br />4. Amendments. Any amendment, modification, suspension or cancellation of this <br />Agreement must be in writing, signed by the City and Developer. <br /> <br />5. Disputes. Disputes arising under this Agreement shall be filed with the City Manager, <br />who shall be authorized to resolve such disputes. Any decision made by the City Manager with <br />respect to this Agreement may be appealed to the City Council. Any such appeal to the City <br />Council must be made in writing and addressed to the City Council. Final action of the City <br />Council shall be required before legal action pursuant to this Agreement may be instituted. <br />Notwithstanding the foregoing, either party may, in addition to any other rights or remedies, <br />institute legal action to cure, correct or remedy and default, enforce any covenant or agreement <br />herein, enjoin any threatened or attempted violation or enforce by specific performance the <br />obligations and rights of the parties hereto. In such event, the prevailing party shall be entitled to <br />its attorneys’ fees and costs, if any, in addition to any other relief to which such party may be <br />entitled. <br /> <br />6. Notice. Any notices required or permitted to be given hereunder shall be given in writing <br />and shall be delivered by U.S. Mail, with a courtesy copy provided by e-mail. Such notices shall <br />be addressed by follows: <br /> <br />If to City: City Manager If to Developer: Foothill Boulevard Holding Co., LLC <br /> City of Pleasanton PO Box 2922 <br /> P.O. Box 520 Dublin, CA 94568 <br /> Pleasanton, CA 94566 Attention: Jim Summers <br />Phone: 925-200-2300 <br /> E-mail: jsummers@desilvagroup.com <br /> <br />7. Applicable Law and Venue. The laws of the State of California shall govern the <br />interpretation and enforcement of this Agreement, and venue shall be the Alameda County <br />Superior Court. <br /> <br />8. Successors-In-Interest. Except as otherwise provided in this Agreement, for the term of <br />this Agreement, all of the provisions, rights, powers, terms, covenants, and other obligations <br />contained in this Agreement shall be binding upon the parties and their respective heirs, <br />successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, <br />representatives, lessees, and all other persons or entities acquiring the Property, or any portion <br />thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, <br />and shall inure to the benefit of the parties and their respective heirs, successors (by merger, <br />consolidation or otherwise) and assigns. <br /> <br />DocuSign Envelope ID: 8E6A239C-EFA8-4B71-9925-FD59383F7852DocuSign Envelope ID: 3BEEDA86-3A65-4060-BFF8-BD1CAC784FCC