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<br />7. Governin!!: Law: Invaliditv. This Agreement shall be construed under and shall be <br />enforced in accordance with the laws of the State of Califomia. Any dispute arising out of this <br />Agreement, or any action brought to enforce or interpret the terms and conditions hereof, shall be <br />brought in Alameda County, California. If any provision of this Agreement is determined to be <br />invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the <br />validity or enforceability of any of the remaining provisions of this Agreement. <br /> <br />8. CounterDarts/Deliverv. This instrument may be executed in any number of counterparts <br />and by the different parties on separate counterparts, and each such counterpart shall be deemed <br />to be an original, but all such counterparts shall together constitute one and the same agreement. <br /> <br />9. Entiretv and Amendments. This Agreement embodies the entire agreement between <br />the parties and supersedes all prior agreements and understandings relating to the matters set <br />forth herein. This Agreement may not be amended except by a written instrument in recordable <br />form, executed by the Property Owner and the City. <br /> <br />10. Recordin!!:. This Agreement shall run with the land and be binding upon any and all <br />heirs, assigns, and successors of Property Owner having an interest in the Property for the <br />duration of the time the Project remains on the Property or until such time as the final payment is <br />made by Property Owner, whichever is later. <br /> <br />Date: J/Li.t'o iJ ~9 'J..oof&, <br />. I <br /> <br />~~TY OWNE : <br /> <br />----- /~~ <br /> <br />Norman W. Cornett, President <br />Peak Property Main Street, LLC <br /> <br /> <br /> <br />Date: <br /> <br />THE CITY: <br /> <br />CITY OF PLEASANTON <br /> <br />By: <br /> <br />Nelson Fialho, City Manager <br /> <br />Approved as to form: <br /> <br />By: <br /> <br />Michael Roush, City Attorney <br /> <br />3 <br />