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<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 /> <br /> If to City: City Manager If to Applicant: USL Pleasanton Lakes, L.P. <br /> City of Pleasanton c/o Steelwave, LLC <br /> P.O. Box 520 101 California Street, Suite 800 <br /> Pleasanton, CA 94566 San Francisco, CA 94111 <br /> Attention: Bridget Metz <br /> Director, Project Management <br />Phone: 925-364-0898 <br /> E-mail: bmetz@steelwavellc.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 />9. City Retains Absolute Discretion. Applicant acknowledges that its reimbursements <br />pursuant to this Agreement have no effect on the City’s sole and absolute discretion in the <br />direction of the work of Consultant or other consultants; Applicant’s access to the work of <br />Consultant or other consultants different from access by members of the general public; no effect <br />on the City’s scheduling of other staff resources and timing of hearings; or City’s or Consultant’s <br />or other consultants’ discretion in the review, processing, and outcome of the CEQA review of <br />the project. <br /> <br />10. Counterparts, Electronic Signatures and Exhibits. This Agreement may be executed in <br />two (2) duplicate counterparts, each of which shall be deemed to be an original. Counterparts may <br />be delivered via facsimile, electronic mail (including pdf or any electronic signature complying <br />with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform <br />Docusign Envelope ID: C590E216-991C-4272-B9C7-036EF6A9683CDocusign Envelope ID: 28316FAD-36DC-4921-8989-A2BE9D10A646Docusign Envelope ID: 8B170FA1-EE92-4774-899B-E60E1B61C549