ORD 2309 - Laserfiche WebLink

9. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement. 10. If Project Developer fails to perform an obligation hereunder,and such failure continues for thirty (30) days after delivery of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Project Developer shall be in default hereunder and the City's sole remedy hereunder shall be to pursue an action for specific performance against ProjectDeveloper. 11. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, email, or sent by prepaid registered or certified mail with return receipt requested, and shall be deemed to have been given on the earliest of(a) receipt or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or(d)on the day of its transmission by email if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or(c) above. All references to "business days" herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows(or to such other or further addresses as the parties may designate by notice given in accordance with this section): If to the City, at: City of Pleasanton Attention: City Manager P.O. Box 520 Pleasanton, CA 94566 Email: If to the Project Developer, at: 330 Land Company LLC 156 Diablo Road, Suite 340 Danville, CA 94526 Email: sreilly@330land.com 12. Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in this Agreement shall be enforceable solely by the City and not by, or on behalf of, any tenant or third-party purchaser of the Project or any residents within the Project. 13. This Agreement may be executed in counterparts, and when all counterpart documents are executed,the counterparts shall constitute a single binding agreement. 14. This Agreement shall be recorded in Alameda County,shall run with the land, and shall bind the parties and their successors in interest. Signatures follow on next page.