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Reso 2019-175
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Reso 2019-175
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12/6/2019 12:34:15 PM
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12/6/2019 12:33:58 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
10/21/2019
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6. Miscellaneous Provisions. <br />(a) Incorporation of Recitals. The Recitals are incorporated into the <br />Agreement. <br />(b) No Real Property Interest; Revocable Interest. It is expressly <br />understood that this Agreement is non -possessory and does not in any way grant or <br />convey any permanent easement, lease, fee, or other interest in Hester Street to PCC. <br />The license provided by this Agreement may be revoked at any time, as provided for <br />herein. <br />(c) Waiver. No failure by either party to insist upon strict performance <br />of any term or condition of this Agreement will constitute a waiver of such term or <br />condition or of a breach thereof. Any such waiver must be in writing and signed by the <br />waiving party. <br />(d) Modification. This Agreement may be modified only in writing, <br />signed by the parties to this Agreement. <br />(e) Interpretation. This Agreement will be performed entirely within <br />California and shall be construed in accordance with the laws of the State of California <br />and any action to enforce the terms of this Agreement must be brought in the County of <br />Alameda, State of California. This Agreement was jointly drafted by the parties, and as <br />such shall not be interpreted against the other. <br />(f) Notices, Demands and Communications between the Parties. Any <br />approval, disapproval, demand, document or other notice which either party may desire <br />to give to the other party under this Agreement must be in writing and may be given by <br />first class mail, postage prepaid, or reputable overnight delivery service or personal <br />delivery addressed to the party to whom the notice is directed as set forth below, or at <br />any other address as that party may later designate: <br />To City of San Leandro: City of San Leandro <br />City Hall <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: City Manager <br />To PCC: Attention: Facilities Engineer <br />PCC Structurals, Inc. <br />414 Hester Street <br />San Leandro, CA 94577 <br />PCC is obligated to notify the City upon sale or transfer of either the parking lot property <br />at 415 Hester Street or PCC's corporate facility at 414 Hester Street such that this <br />L <br />
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