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Inst 2009364340
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Inst 2009364340
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Last modified
12/7/2009 3:38:49 PM
Creation date
12/7/2009 3:37:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/5/2009
Recorded Document Type
Historic Preservation
Retention
PERM
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All of the agreements, rights, covenants, reservations, and restrictions contained in this <br />agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, <br />successors, legal representatives, assigns, and all persons acquiring any part or portion of the <br />historic property, whether by operation of law or in any manner whatsoever. <br />In the event legal proceedings are brought by any party or parties to enforce or restrain a <br />violation of any of the covenants, reservations, or restrictions contained herein, or to determine <br />the rights and duties of any party hereunder, the prevailing party in such proceeding may <br />recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and <br />other relief ordered by the court. <br />In the event that any of the provisions of this agreement are held to be unenforceable or invalid <br />by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and <br />enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. <br />This agreement shall be construed and governed in accordance with the laws of the State of <br />California. Any legal action that involves this Agreement must be filed in Alameda County <br />Superior Court. <br />11. Recordation. <br />No later than twenty (20) days after the parties execute and enter into this agreement, the City <br />shall record this agreement with the County Recorder of the County of Alameda. <br />12. Amendments. <br />This agreement may be amended, in whole or in part, only by a written recorded instrument <br />executed by the parties hereto. <br />IN WITNESS WHEREOF, the City and owner have executed this agreement on the day and <br />year ~ ab ' ve. <br />c~~~ `~ ~~~ 1,.~~-tom ~~ r~ <br />By: Dated: 1~ I2o ~Z~c7q <br />Co ity Develop ent Director <br />By: ~~ ' ~t ~ ~ ~~~1 Dated: ~~ ~ ~ ~~ <br />t ~ n .'b} a 1c~ r ~~ ~1. Ft~ ~~iz ~ +. <br />By: I `"''"' Dated <br />Owner ~(cr.~f~~~- ~A~G~~"G~G- <br />APPROVED AS TO FORM <br />By - - - Dated <br />Richard Pio Roda, Assistant City Attorney <br />Mills Act Contract <br />558 Joaquin Avenue <br /> <br />f ~~~ ~~~ q <br />October 5, 2009 <br />Page 5 of 5 <br />
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