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SR 05:234
City of Pleasanton
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2005
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SR 05:234
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Last modified
9/16/2005 12:12:49 PM
Creation date
9/15/2005 12:47:10 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/20/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:234
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<br />12. City May Enter. User agrees that City, its agents or employees, may enter upon <br />said premises at any time for City's own purposes. <br /> <br />13. Assignment. Neither the Property nor any portion thereof shall be sublet, nor <br />shall thiS Agreement or any interest be assigned by User. <br /> <br />14. Notices. Any notices which are required, or which either City or User may desire <br />to serve upon the other, shall be in writing and shall be deemed served when delivered personally <br />or when deposited in the United States mail, postage prepaid return receipt requested, addressed <br />to User at 333 Division Street, Pleasanton, California, or addressed to City at P.O. Box )20, <br />Pleasanton, California, Attention: City Manager. <br /> <br />1). Relocation Benefits. User agrees that its use of Property or this Agreement shall <br />not entitle User to any relocation benefits pursuant to federal, state or local law and waives any <br />such claim against City. <br /> <br />16. Miscellaneous Provisions. <br /> <br />A. No Personal Liability. No member, official or employee of the City shall <br />be personally liable in the event of any default or breach by the City. <br /> <br />B, Entire Agreement. This Agreement constitutes the complete agreement <br />between the parties and supersedes any and all other agreements, either <br />oral or in writing between the parties with respect to the subject matter of <br />this Agreement. No other agreement, statement or promise relating to the <br />subject matter of this Agreement not contained in this Agreement shall be <br />valid or binding. <br /> <br />C. Modification. This Agreement may be modified or amended only by a <br />written document signed by representatives of both parties. <br /> <br />D. Applicable Law: Attorney's Fees. If any action at law or in equity is <br />brought to enforce or interpret the provisions of this Agreement, the rules, <br />regulations, statutes and laws of the State of California shall control. The <br />prevailing party shall be entitled to reasonable attorney's fees in addition <br />to any other relief to which the prevailing party may be entitled. Any <br />litigation concerning this Agreement shall be initiated in the County where <br />the Property is located. <br /> <br />E. Severance. If any party of this Agreement is invalid by reason oflaw or <br />governmental regulation, or if any provisions are waived by the City, the <br />remaining portions of this Agreement shall remain in full force and effect. <br /> <br />F. Taxes. User's interest may be subject to possessory interest tax that may <br />be imposed by the County. User shall be responsible for any such tax. <br /> <br />3 <br />
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