SAFEWAY COST REIMBURSEMENT 2001 - Laserfiche WebLink

~ ~ against the property owner or the party using the Improvements without payment of the Reimbursable Amount. 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 Reimbursable Amount pursuant to this Agreement, but for the City's negligence and willful misconduct. Section 13. 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, and each person or entity having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each party and its property owner, and each other person or entity succeeding to an interest in such properties. Section 14. Counterparts and Exhibits. This Agreement is executed in three (3) duplicate counterparts, each of which is deemed to be an original. This Agreement and its Exhibits constitute the entire understanding and agreement of the parties. This Agreement and Exhibits integrate all of the terms and conditions mentioned herein or incidental hereto, and constitute the entire understanding of the parties with respect to the subject matter hereof; and all prior written agreement, understandings, representations, and statements are terminated and superseded by this Agreement. THIS AGREEMENT executed the date and year first above written. CITY OF PLEASANTON Deborah Acosta McKeehan, City Manager 4