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RDA Agmt 2008 1750 Doolittle LLC etc
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RDA Agmt 2008 1750 Doolittle LLC etc
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Last modified
2/24/2009 5:44:54 PM
Creation date
9/10/2008 11:39:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/2/2008
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PERM
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RDA Reso 2008-022
(Approved by)
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\City Clerk\City Council\Resolutions\2008
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ARTICLE 7 <br />MISCELLANEOUS <br />7,1 Relationship of Parties. Nothing contained in this Agreement shall be construed as <br />creating the relationship of employer and employee or principal and agent between Agency and Borrower <br />or Borrower's agents or employees, and Borrower shall at all times be deemed a borrower and shall be <br />wholly responsible for the manner in which it or its agents, or both, perform under this Agreement. <br />7,2 No Third Party Claims. Nothing contained in this Agreement shall create or justify any <br />claim against the Agency by any third person whom Borrower may have employed or contracted or may <br />employ or contract relative to the purchase of any material, supplies or equipment, or the furnishing or the <br />performance of any work or services with respect to any programs or projects being undertaken by <br />Borrower. <br />7,3 Conflict of Interest, <br />(a) Interest of Employees Agents, Consultants, Officers and Officials of the Agency. <br />Except for approved eligible administrative or personnel costs, no employee, agent, consultant, officer or <br />official of the Agency who exercises or has exercised any function or responsibilities with respect to <br />activities assisted by tax increment funds in whole or in part, or who is in a position to participate in a <br />decision-making process or gain inside information with regard to such activities assisted under this <br />Agreement, may obtain a personal or financial interest in or benefit from the activities assisted under this <br />Agreement, or have an interest, direct or indirect, in any contract, subcontract or agreement with respect <br />thereto, or in the proceeds thereunder either for himself/herself or for those with whom he/she has family or <br />business ties, during his/her tenure and for one year thereafter. <br />7.4 Notices. Any notice, request or consent required pursuant to this Agreement shall be <br />deemed delivered upon receipt when delivered personally or by facsimile transmission, provided that a <br />transmission report is generated reflecting the accurate transmission thereof, or three (3) business days <br />after being deposited in the U.S. mail, first class postage prepaid, return receipt requested, or one (1) day <br />after deposit with a nationally recognized overnight carrier addressed as follows: <br />Agency: San Leandro Redevelopment Agency <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attention: Executive Director <br />Borrower: 1750 Doolittle, LLC <br />c/o McGrath Properties, Inc. <br />130 Webster Street, 2~d Floor <br />Oakland, CA 94607 <br />Attention: Terrence M. McGrath, Manager <br />or to such other addresses as the parties may designate by notice as set forth above. <br />1113396.3 <br />
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