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GPA Regency Beauty Source African Queen 06222022
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GPA Regency Beauty Source African Queen 06222022
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6/26/2024 5:28:34 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/22/2022
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DocuSign Envelope ID: 69563A2E-D56B-4EC2-A2AC-05A1BDOA1006 <br />8. Term. The term of this Agreement shall commence upon the Effective Date and shall terminate <br />upon the later of the completion of the payment plan contained in Exhibit A, or one year following <br />the Effective Date, unless sooner terminated as provided herein. The City may terminate this <br />Agreement after notice to Commercial Landlord of a violation of this Agreement and a reasonable <br />opportunity to cure the violation. In the event of termination of this Agreement due to the <br />Commercial Landlord's default, the Commercial Landlord shall repay the Grant Funds to the City. <br />9. Remedies. All remedies permitted or available under this Agreement, or at law or inequity, are <br />cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or <br />elect a remedy with respect to any other available right or remedy. <br />10. Relationship of Parties. Nothing contained in this Agreement shall be construed as creating the <br />relationship of employer and employee or principal and agent between City and the other parties or <br />their agents or employees, and Commercial Landlord shall at all times be wholly responsible for the <br />manner in which it or its agents, or both, perform under this Agreement. Except as City may specify <br />in writing, Commercial Landlord shall have no authority, express or implied, to act on behalf of City <br />in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. <br />11. Amendment. No modification, recession, waiver, release or amendment of any provision of this <br />Agreement shall be made except by written agreement executed by Commercial Landlord and City. <br />12. Notices. <br />All notices required to be given to City under this Agreement shall be in writing and shall be <br />addressed as follows: <br />Economic Development Manager <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />All notices required to be given to Commercial Landlord under this Agreement shall be in writing and <br />shall be addressed as follows: <br />Regency Centers <br />2999 Oak Road Suite 1000 <br />Walnut Creek,, CA 94597 <br />13. Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory <br />relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled <br />to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The <br />court may set such fees in the same action or in a separate action brought for that purpose. <br />14. Venue. In the event that any party brings any action against the other under this Agreement, the <br />Parties agree that trial of such action shall be vested exclusively in the state courts of California in <br />the County of Alameda or in the United States District Court for the Northern District of California. <br />San Leandro Small Business Recovery Grant Program Agreement <br />Page 4 of 6 <br />
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