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<br /> 30 <br /> <br /> <br />9.8. Entire Agreement. <br />This Development Agreement is executed in ____ (__) duplicate originals, each of which <br />is deemed to be an original. This Development Agreement consists of ____ pages including the <br />Recitals, and three (3) exhibits and one (l) appendix, attached hereto and incorporated by <br />reference herein, which, together with the Project Approvals, constitute the entire understanding <br />and agreement of the Parties and supersedes all negotiations or previous agreements between the <br />Parties with respect to all or any part of the subject matter hereof. The exhibits and appendices <br />are as follows: <br />Exhibit A Legal Description of the Property <br />Exhibit B Map of the Property <br />Exhibit C Walkway Improvements <br />Exhibit D Landscaping and Public Outdoor Activity Improvements <br />Exhibit E Impact Fees <br />Appendix I Definitions <br />9.9. Estoppel Certificates. <br />Either Party may, at any time during the Term of this Development Agreement, and from <br />time to time, deliver written notice to the other Party requesting such Party to certify in writing <br />that, to the knowledge of the certifying Party, (i) this Development Agreement is in full force and <br />effect and a binding obligation of the Parties, (ii) this Development Agreement has not been <br />amended or modified either orally or in writing, or if amended; identifying the amendments, <br />(iii) the requesting Party is not in default in the performance of its obligations under this <br />Development Agreement, or if in default, to describe therein the nature and amount of any such <br />defaults, and (iv) any other information reasonably requested. The Party receiving a request <br />hereunder shall execute and return such certificate or give a written, detailed response explaining <br />why it will not do so within twenty (20) days following the receipt thereof. The failure of either <br />Party to provide the requested certificate within such twenty (20) day period shall constitute a <br />confirmation that this Agreement is in full force and effect and no modification or default exists. <br />Either the City Manager or the Community Development Director shall have the right to execute <br />any certificate requested by Developer hereunder. City acknowledges that a certificate <br />hereunder may be relied upon by transferees and Mortgagees. <br />9.10. Recordation. <br />Pursuant to California Government Code Section 65868.5, within ten (10) days after the <br />later of execution of the Parties of this Development Agreement or the Effective Date, the City <br />Clerk shall record this Development Agreement with the Alameda County Recorder. Thereafter, <br />if this Development Agreement is terminated, modified or amended, the City Clerk shall record <br />notice of such action with the Alameda County Recorder.