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.,ti <br />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 <br />year first written above <br />By: <br />Luke Sims, ommunity Deve ment Director <br />City of San Leandro <br />~ _ ~, <br />-_...._ <br />a _. _ ... <br />.......... <br />ne Rinella, Owner - <br />B. <br />Brian Pr 'ton, Owner <br />executed this agreement on the day and <br />Dated: Sane "f , 2110 <br />Dated~~ii //, ~~/~ <br />Dated: ~~ ~~ Z-© ~~ <br />APPROVED AS TO FORM <br />By: <br />Dated: G - ~ • Z ° ~ ~ <br />Richard Pio Roda, Assistant City Attorney <br />City of San Leandro <br />Mills Act Contract <br />857 Estudillo Avenue <br />June 8, 2010 <br />Page 5 of 5 <br />