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12a
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2017
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020717
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12a
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Last modified
2/8/2017 10:33:40 AM
Creation date
2/1/2017 10:58:21 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/7/2017
DESTRUCT DATE
15Y
DOCUMENT NO
12a
Document Relationships
12a ATTACHMENT 08
(Attachment)
Path:
\CITY CLERK\AGENDA PACKETS\2017\020717
12a ATTACHMENT 08 TREE REPORT
(Attachment)
Path:
\CITY CLERK\AGENDA PACKETS\2017\020717
12a ATTACHMENT 09
(Attachment)
Path:
\CITY CLERK\AGENDA PACKETS\2017\020717
12a ATTACHMENT 09 FIRST CARBON SOLUTIONS
(Attachment)
Path:
\CITY CLERK\AGENDA PACKETS\2017\020717
12a ATTACHMENT 10
(Attachment)
Path:
\CITY CLERK\AGENDA PACKETS\2017\020717
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SECTION 8. DISPUTE RESOLUTION. <br /> 8.11 Voluntary Mediation and Arbitration. <br /> If a dispute arises related to the interpretation or enforcement of, or compliance with, the <br /> provisions of this Agreement ("Dispute"), City and Developer may mutually consent to attempt <br /> to resolve the matter by mediation or arbitration, provided, however, that no such mediation or <br /> arbitration shall be required in order for a Party to pursue litigation to resolve a Dispute <br /> 8.2 Legal Proceedings. <br /> Either Party may, in addition to any other rights or remedies, institute legal action to resolve any <br /> Dispute or to otherwise cure, correct or remedy any default, enforce any covenant or agreement <br /> herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the <br /> obligations and rights of the Parties hereto, or to obtain any remedies consistent with the purpose <br /> of this Agreement <br /> 8.3 Attorneys' Fees and Dispute Resolution Costs <br /> In any action or proceeding brought by any Party to resolve a Dispute, the prevailing Party is <br /> entitled to recover reasonable attorneys' fees and any other costs incurred in the action or <br /> proceeding in addition to any other relief to which it is entitled <br /> SECTION 9. ASSIGNMENT AND ASSUMPTION; RIGHTS AND DUTIES OF <br /> MORTGAGEES. <br /> 9.1 Assignment of Rights, Interests and Obligations. <br /> Subject to compliance with this Section 9, Developer may sell, assign or transfer its interest in <br /> the Property and related Project Approvals to any individual or entity ("Assignee") at any time <br /> during the Term of this Agreement <br /> (a) Any assignment by Developer as provided for in this Section 9 1 may occur <br /> without obtaining City's consent ("Permitted Assignment") so long as the proposed Assignee is <br /> an affiliate of Developer, which shall include any entity in which either Developer or <br /> Developer's principal Michael Serpa has an ownership or other financial interest or substantial <br /> interest Such assignees shall be referred to herein as "Permitted Assignees " Permitted <br /> Assignee(s) shall provide City with written notice of a Permitted Assignment within thirty (30) <br /> days following the effective date thereof <br /> (b) If the proposed Assignee does not qualify as a Permitted Assignee, then <br /> Developer or subsequent owner may still assign its interest in the Pioperty and related Project <br /> Approvals so long as said Developer or subsequent owner receives the Community Development <br /> Director's prior written consent, which shall not be unreasonably withheld, conditioned or <br /> delayed It shall be deemed unreasonable to refuse consent for such assignment unless, in light <br /> 15 <br />
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