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<br />3. Term. This Agreement shall be effective on the date of execution and shall continue
<br />until October 31, 2026, or until the Applicant has issued a stop work order for Consultant’s
<br />services, whichever occurs earlier.
<br />
<br />4. Amendments. Any amendment, modification, suspension, or cancellation of this
<br />Agreement must be in writing, signed by the City and Applicant.
<br />
<br />5. Disputes. Disputes arising under this Agreement shall be filed with the City Manager,
<br />who shall be authorized to resolve such disputes. Any decision made by the City Manager with
<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.
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<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 /> If to City: City Manager If to Applicant: BMP LPOP, LLC
<br />City of Pleasanton 2400 Broadway Street, Suite 130
<br />P.O. Box 520, Redwood City, CA 94063
<br />Pleasanton, CA 94566 Attention: Steve Mitchell
<br /> Phone: 650-595-8452 Ext. 2732
<br /> E-mail: [email protected]
<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.
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<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 IS/MND.
<br />Docusign Envelope ID: C2213450-C29A-4816-B563-5A05198303DADocusign Envelope ID: 7237309F-503B-4937-8D96-E8141C8E4261
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