Reso 2017-130 - Laserfiche WebLink

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1. Disposition of Action. a. . Within seven (7) days after execution of this Agreement, the Inn shall file or cause to be filed, on behalf of Petitioner Coalition to Save the San Leandro Shoreline, a Request for Dismissal of the Action, with prejudice, in its entirety, both as to all claims in the Petition, and as to all parties named in the Petition. b. In filing the dismissal contemplated by this paragraph, counsel for the Inn shall provide conformed copies of the Requests for Dismissal and any other documents filed with the Court to counsel for the City. 2. Amendment of the Lease. a. Within no longer than three (3) calendar months after the Inn's dismissal of the Action with prejudice pursuant to Paragraph 1, the City will amend the Lease to extend the current term of said Lease by a period of five (5) calendar years, and further amend the Lease to require that the Inn shall comply with the provisions of the City's Living Wage Ordinance (City of San Leandro Municipal Code Chapter 1-6), with said compliance to be required to commence as of a date no later than eighteen (18) calendar months after the date of execution of this Agreement. b. All other rights, terms, conditions, provisions, and requirements of the Lease shall remain in full force and effect. 3. Negotiations toward Further Extension of Lease Term and Location of Future Hotel. a. In recognition of this Agreement, the Parties commit to conduct good -faith negotiations to extend the term of the Lease to be at least equivalent to the term of any lease or other agreement the City enters into for the construction and operation of a future hotel that may be constructed and operated under the Project. b. The City further commits to pursue location of the possible future hotel at the site set forth on Exhibit A to this Agreement. However, this Agreement does not, and shall not be construed to, commit the City to approve a hotel at the site set forth on Exhibit A, or any other site. C. Also in recognition of this Agreement, the Inn agrees that good -faith negotiations under this section of this Agreement shall include discussion of capital improvements by the Inn to the Marina Inn Property. Mutual Release: a. Upon the Inn's dismissal of the Action with prejudice pursuant to Paragraph 1(a) above, and in full and final settlement of the disputes described in the Recitals above, the parties agree to release and forever discharge each other and their respective shareholders, officers, directors, employees, agents, attorneys, legal successors and assigns, of