SAFEWAY COST REIMBURSEMENT 1999 - Laserfiche WebLink

~- made in writing and addressed to the City Council. Final action of the City Council shall be required before legal action pursuant to this Agreement may be instituted. In such event, the prevailing party shall be entitled to its reasonable attorneys' fees and costs, if any, in addition to any relief to which the party may be entitled. Section 15. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Any action to enforce this agreement shall be filed in the Livermore-Pleasanton Municipal Court, or the Eastern Division of the Superior Court of the County of Alameda. Section 16. Enforcement. The City shall use its best efforts to prevent new and existing property owners of the Benefited Properties, from utilizing the improvements without paying the Reimbursement Fee, and shall not issue necessary permits, licenses, nor consent for such use without payment of the required Reimbursement Fee. If, despite the City's good faith efforts, use of the Improvements by new or existing owners of the Benefited Properties should occur without payment of the required Reimbursement Fee, City shall not be responsible for payment of the amount which would have been paid to Developer, provided that Developer shall be entitled, and is hereby authorized by the City, to pursue collection of such fees by means of a private right of action or any other lawful means, against the property owner or the party using the Improvements without payment of the Reimbursement Fee. City agrees to participate in and to cooperate with and assist Developer in any such action, upon request of Developer. In that event, Developer shall indemnify and hold City harmless from any third party claims against the City in connection with the collection of the Reimbursement Fees pursuant to this Agreement. Section 17. Successors-In-Interest. Except as otherwise provided in this Agreement, for the term of this Agreement, all of the provisions, rights, powers, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property, or any portion thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable during the term hereof as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the California Civil Code. Each covenant to do or refrain from doing some act on the Property hereunder, (a) is for the benefit of such properties and is a burden upon such property; (b) runs with such properties; and (c) is binding upon each party and each successive owner during the ownership of such properties or any portion thereof, 5