Laserfiche WebLink
5 <br /> <br /> <br />14. Assignment. The Owner will not voluntarily, or by operation of law, assign or otherwise <br />transfer its obligations under this Agreement without the prior written consent of the City, except <br />when transfer occurs pursuant to a sale of the Property. <br /> <br />15. Agreement Hierarchy: It is agreed that this Agreement is intended to meet the obligations <br />of PUD-135 as set forth in City of Pleasanton Ordinance No. 2210. If there is any conflict <br />between the terms of this Agreement and Ordinance No. 2210, the terms of Ordinance No. 2210 <br />shall prevail. <br /> <br />16. Titles/Headings. Headings are inserted for the convenience of the Parties only and are not to <br />be considered when interpreting this Agreement. <br /> <br />17. Gender. Words in the singular mean and include the plural and vice versa. Words in the <br />masculine mean and include the feminine and vice versa. <br /> <br />18. Governing Law. It is the intention of the Parties that this Agreement and their performance <br />under this Agreement, and all suits and special proceedings under this Agreement, be construed <br />in accordance with the governed, to the exclusion of the law of any other forum, by the laws of <br />the State of California, without regard to the jurisdiction in which any action or special <br />proceeding may be instituted. Any legal action to enforce or interpret this Agreement shall be <br />filed in Alameda County Superior Court. <br /> <br />19. Severability. In the event that any of the provisions of this Agreement are held to be invalid <br />or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid <br />and enforceable with the invalid or unenforceable parts severed from the remainder of this <br />Agreement. <br /> <br />20. Waiver. The waiver by either Party of a breach, default, delay or omission of any of the <br />provisions of this Agreement by the other Party will not be construed as a waiver of any <br />subsequent breach of the same or other provisions. <br /> <br />IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _______ day of <br />_______, 2025. <br /> <br />CITY OF PLEASANTON OWNER: 990sycamoredevco. l.l.c., a California <br />Limited Liability Company, <br /> <br /> <br />_______________________________ By: ______________________________ <br />Gerry Beaudin, City Manager Signature <br /> Kevin Michael Sweeney <br />ATTEST: Managing Member and authorized agent <br /> {attach notary acknowledgment} <br />_______________________________ <br /> <br />Page 191 of 350