RES 85368 - Laserfiche WebLink

K008-974 07.31.85 realestl-724 Section 12. SUCCESSORS-IN-INTEREST This agreement shall be a covenant which is to run with the land and be binding upon, inure to the benefit of, and be enforceable by the heirs, successors, and assigns of the parties hereto. The City shall record this agreement in the Office of the Recorder of Alameda County. Section 13. ATTORNEYS' FEES In the event suit is brought to enforce or interpret any part of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. The "prevailing party" shall be the party who is entitled to recover costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover his costs shall not recover attorneys' fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to recover his costs or attorneys' fees. Section 14. NOTICE Any notices required by or in furtherance of this agreement shall be given in writing by personal delivery or by United States mail and shall be deemed communicated when sent to the address stated below. Any notification required to be made by the City Engineer for failure to maintain improvements on a single parcel of private property shall also be sent to the party shown as the property owner on the latest preliminary equalized assessor's roll. Notices shall be addressed as set forth below, but either party or successor-in-interest may change its address by giving written notice thereof to the other in accordance with the provisions of this article. To City: City Manager City of Pleasanton P. O. Box 520 Pleasanton, CA 94566 To Bernal: Bernal Avenue Associates c/o The Koll Company 4309 Hacienda Drive, Suite 390 Pleasanton, CA 94566 Attn: Mr. Richard Pogue Copy to: City Attorney City of Pleasanton P. O. Box 520 Pleasanton, CA 94566 Howell & Hallgrimson 28 N. First Street, 10th Floor San Jose, CA 95113 Attn: Jane P. Relyea, Esq. -9-