HACIENDA MD LLC._CIP NO. 24509 - Laserfiche WebLink

CITY OF PLEASANTON – PROPERTY ENTRY AGREEMENT Hacienda MD LLC, Hopyard Road, Pleasanton, CA 94588 2 TO: City To: Owner Attn: Adam Nelkie, City Engineer Attn: Jonathan Del Arroz City of Pleasanton Hacienda MD LLC 200 Old Bernal Ave. 5050 Hopyard Road Pleasanton, CA 94546 Pleasanton, CA 94588 5. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement. 6. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. 7. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred. 8. OBLIGATIONS RUN WITH THE LAND. This Agreement, and any portion thereof, shall run with the land. Prior to any transfer of ownership of the Premises, the Owner shall provide written notice to the City regarding the identity of the proposed new property owner, and the Owner shall provide written notice to the proposed new property owner regarding the terms of this Agreement. 9. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 10. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the work described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. 11. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Owner and the City. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart DocuSign Envelope ID: ADEF9454-91C4-4954-B47F-C580351D4978