PRUDENTIAL 1996 - HACIENDA PARK MITIGATION

ARTICLE 3 -MISCELLANEOUS 3.1 Binding on Successors. The terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 3.2 Attorneys' Fees. In the event of any litigation regarding the rights and obligations of the parties under this Agreement,the prevailing party shall be entitled to reasonable attorneys' fees (including those of in-house counsel) and court costs. 3.3 Authority. Each individual executing this Agreement on behalf of City or Prudential represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of City or Prudential, respectively, and that this Agreement is binding upon City or Prudential, respectively, in accordance with its terms. 3.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 3.5 Recordation. The parties hereto shall record a memorandum of this Agreement against those parcels still owned by Prudential as of the date hereof. 3.6 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment or exhibits hereto. Regardless of which party prepared or communicated this Agreement, this Agreement shall be of binding effect only upon its execution by an authorized representative of each party hereto. This Agreement contains all of the covenants, conditions and agreements between the parties and shall supersede all prior correspondence, agreements and understandings, both verbal and written, regarding the subject matter of this Agreement. No addition or modification of any term or provision shall be effective unless set forth in writing and signed by both Prudential and City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE PRUDENTIAL IIVS CE COMPANY OF AMERICA, a New Jersey co Kati By Its: Managing V e P esident APPROVED AS TO FORIVIj '7 ..City.. ~/~/~ ~~ ~~ ~7~~" ~`'`.` THE CITY OF PLEASANTON, a California municipal corporation Michael H. Roush, City Attorney ATTEST: t By: Deborah Acosta, City Manager Peggy ro, City Jerk EXHIBIT 1 9/16/96 Park Mitigation Agreement 4