11 - Laserfiche WebLink

GRANTOR: LEISURE SPORTS, INC. APN: 941-1311-36-3 AND 941-1311-39 PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT hazardous waste which requires mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from those who caused or contributed to the contamination. 11. No Leases. GRANTOR warrants that there are no oral or written leases on all or any portion of the Permanent Easement and TCE exceeding a period of one month. GRANTOR agrees to hold CITY harmless and reimburse CITY for any of its losses and expenses occasioned by reason of any lease of the Permanent Easement and TCE held by a tenant for a period exceeding one month. 12. [Intentionally Deleted] 13. Remedies for Breach. In the event of a breach of this Agreement by GRANTOR or CITY, CITY or GRANTOR, respectively, are entitled to pursue any and all remedies available to it against the other party, including, without limitation, claims for all damages attributable to such party's breach and specific performance of this Agreement. 14. Miscellaneous. A. Authority to si n• Approval of CITY. GRANTOR and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey real property and that no other authorizations are required to implement this Agreement on behalf of GRANTOR. GRANTOR understands that this Agreement is subject to the approval of CITY, and this Agreement shall have no effect unless and until the CITY COUNCIL approves it. B. Counterparts Signature. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement. Telecopied or faxed signatures or signatures emailed in a "pdf' format may be used in place of original signatures on this Agreement with the same force and effect as original signatures. GRANTOR and CITY intend to be bound by the signatures on telecopied, faxed or pdf documents; are aware that the other party will rely on the telecopied, faxed or pdf signatures; and hereby waive any defenses to the enforcement of the terms of this Agreement based on the use of a telecopied, facsimile or pdf signature. C. Entire Agreement. The parties have here set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Permanent Easement and TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed Project. D. Sinding on Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties. E. Jurisdiction and Venue. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California courts with venue in the County of Alameda. F. Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. G. Waiver and Modification. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by Page 4 of 6 17277282.2