RES 86051 - Laserfiche WebLink

may be satisfied in part by self-insurance, as reasonably determined by City. The amount of public liability insurance coverage for the Parking Facility to be carried by the parties shall increase annually upon the anniversary of the date of this Agreement ("Annual Adjustment Date") by a factor equal to the increase in the Consumer Price Index ("CPI") for All Urban Consumers, All Items, for the San Francisco-Oakland Metropolitan Area, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, using the year 1967 as a base of 100, as follows: (i) the CPI published for the month nearest preceding the month in which the Annual Adjustment Date occurs shall be the "Base Index;" (ii) as of the Annual Adjustment Date, the amount of public liability insurance coverage to be carried by the parties shall be adjusted by multiplying the current requirement of public liability insurance ("Base Insurance Coverage") by a factor computed by adding one (1) to a fraction, the numerator of which shall be the difference between the CPI for the month nearest preceding the Annual Adjustment Date and the Base Insurance Coverage, and the denominator of which shall be the Base Insurance Coverage. If the CPI fails to exist, then the CPI shall be replaced by such other index selected by Hopyard and City as may be generally recognized as a consumer index. 10. Board of Supervisors Approval. The obligations of the parties to this Agreement are contingent upon the approval by the Alameda County Board of Supervisors of a Land Exchange Agreement between Zone 7 and City, pursuant to which City shall acquire Parcel B from Zone 7 in exchange for City-owned property providing Zone 7 with improved access to the Line G-l-1 Flood Control Channel in the vicinity of the Dublin-San Ramon Services District wastewater treatment plant and Johnson Drive. 11. Recordation. All conveyances shall be in recordable form and may be recorded by either party. 12. Use of Easements. City, Hopyard and Zone 7 shall use the easements granted or reserved herein cooperatively in such a manner as will not reasonably hinder or impede any other party hereto and such party's respective use or enjoyment of the same. 13. Exhibits. Exhibits A, B, C, D, E, F, and ~, are hereby incorporated herein by this reference thereto. 14. Attorney's Fees. If either party brings an action in law or in equity to enforce, interpret or redress a breach of this Agreement, the prevailing party in such 5. K462-18-C/12Feb86