STONERIDGE PROPERTIES BART MOU - Laserfiche WebLink

~ ~ apply notwithstanding any future governmental taking of any parking area supporting the Office Building). 3. BART Parkin. The City agrees reasonably to consider the approval of the subsequent construction of additional layers (up to a total of seven) to the BART Parking, as referred to in Paragraph 1(c) of the MOU, and/or the addition of a parking structure within the Office Building component of the Property and a related adjustment of the lot line separating the BART Parking and the Office Building components of the BART Project to create additional surface parking dedicated to the BART Station. 4. Miscellaneous. (a) Any notice under this SMOU shall be given, as between the City and Stoneridge, in the manner and with the effect set forth in Paragraph 5 of the MOU. (b) This SMOU shall be binding upon and shall inure to the benefit of successors and assigns of the parties hereto. (c) No third party, including BART and the Office Developer, shall have any right under this SMOU. (d) The failure or delay by any party to enforce any provision of this SMOU shall not be deemed to be a waiver of the right to do so thereafter, nor the right to enforce any other provision hereof. This SMOU shall not be modified except through a written agreement executed by both parties hereto. Any approval or consent referred to in this SMOU shall be required to be in writing from the party providing same. (e) The prevailing party in any arbitration, suit or other action arising out of or related to this SMOU shall be entitled to recover from the other party hereto all reasonable fees, costs, and expenses incurred by the prevailing party in connection with the action, including reasonable attorneys' fees, expenses, and disbursements, and fees, costs, and expenses relating to any mediation or appeal. If any party secures a judgment in any proceeding brought to enforce or interpret this SMOU, then any costs or expenses (including reasonable attorneys' fees) incurred in enforcing, or appealing from, such judgment shall be payable by the party against whom such judgment has been rendered and shall be recoverable separately from and in addition to any other amount included in such judgment. (f) This SMOU may be signed in multiple counterparts, with all such counterparts together constituting a single instrument. (g) This SMOU shall supplement and be in addition to, and shall not limit or condition any provision of, the MOU with BART. -3-