Agmt 2006 Francisco_John Jake etc

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4. The Participant agrees to maintain the parking lot open and available to the public during regular business hours 0.,:00 a.m. to 5:00 p.m.) seven days a week. Nothing in this paragraph, or in this agreement, is intended to create any property interest in Participant's property for the benefit orthe City, Redevelopment Agency, or any other entity or person or the public in general. The public's use of Pmticipant's parking lot is permissive in nature and therefore cannot fOfln the basis of any prescriptive easement at any time in the future. 5. The Agency agrees to provide $25,000 fiJr a "Dining on MacArthur" marketing campaign that recognizes the primary function of the V ita 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, Ch,ll1g's (Jounnet Restaurnnt, and CreAsian Restaurant. The Agency will provide funding upon submittal of the marketing carnpaign 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 ROOlll of Vila Cereja Restaurant and witlmaintain the landscaped area in Ji-ont of the restaurant. The City/Agency further agrees to assess the condition of the sidewalk area adjacent to the restaurant and will replace with new concrete sidewalk at the discretion of" the City/ Agency. 7. Claims Released. In 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' Jees, 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 clo exist, or which hereafter shall or may exist, and which arise out of or arc in any way related to the Claims or the J~lcls stated in this Agreement. ~L Attorneys' FeG~. If any legal action, arbitration or other proceeding is brought to enJcll-ce any provision of this Agreement, the prevailing palty shall be entitled to reasonable attorneys' fees and costs (including expert witness fees and costs) incurred in this aclion, arbitration or proceeding, in addition to any other relief to which the party may be entitled under law or equity. 9. Complete Agreell19}lt; Written Modillcatl.9n Only. This Agreemcnt contains the entire agreement ol"the parties and constitutes the cOlnplete, final and exclusive embodiment ol"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 fixth each rnodification and is signed by all parties. In. Counterparts. This Agreement may bc 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. SI(JNATURES ON FOLLOWING PAGE '(,79765-2