8K Consent 2006 1218 - Laserfiche WebLink

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4. The Participant agrees to maintain the parking lot open and available to the public during regular business hours (8:00 a.m. to 5:00 p.m.) seven days a week. 5. The Agency agrees to provide $25,000 for a "Dining on MacArthur" marketing campaign that recognizes the primary function of the Vila Cereja Restaurant in anchoring the business district, but which also specifically promotes the other full-service restaurants on MacArthur in the vicinity of Vila Cereja, including but not limited to, Cafe Encore, Chang's Gourmet Restaurant, and CreAsian Restaurant. The Agency will provide funding upon submittal of the marketing campaign which will be conducted under the direction of the Participant, John "Jake" Francisco. 6. The City/Agency agrees to remove two trees in the right-of-way adjacent to the existing Banquet Room of Vila Cereja Restaurant and will maintain the landscaped area in front of the restaurant. The City/Agency further agrees to assess the condition of the sidewalk area adjacent to the restaurant and wiIl replace with new concrete sidewalk at the discretion ofthe City/Agency. 7. Claims Released. Tn consideration of this Agreement, Participant and the City/Agency hereby agree to fully and forever release and discharge one another from any and all claims, actions, causes of action, liabilities, damages, demands, attorneys' fees, expenses and costs of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, which have existed or may have existed, or which do exist, or which hereafter shall or may exist, and which arise out of or arc in any way related to the Claims or the facts stated in this Agreement. 8. Attorneys' Fees. If any legal action, arbitration or other proceeding is brought to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs (including expert witness fees and costs) incurred in this action, arbitration or proceeding, in addition to any other relief to which the party may be entitled under law or equity. 9. Complete Agreement Written Modification Only. This Agreement contains the entire agreement ofthe parties and constitutes the complete, final and exclusive embodiment of their agreement with respect to the subject matter hereof. This Agreement supersedes any and all prior correspondence, arrangements, representations and understandings, whether written or oral, express or implied, with respect to the subject matter hereof This Agreement may not be modified except by a written agreement which specifically sets forth each modification and is signed by all parties. 10. Counterparts. This Agreement may be deemed executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument SIGNA TLJRES ON FOLLOWING PAGE 879765-2