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2020-090 -Approving a Disposition and Development Agreement
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2020-090 -Approving a Disposition and Development Agreement
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Last modified
11/23/2020 8:42:01 AM
Creation date
11/23/2020 8:34:16 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-090
Date
11/17/2020
Destruction Year
P
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such further instruments and documents as may be necessary or proper, in the reasonable opinion <br />of the requesting party, in order to carry out the intent and purpose of this Agreement. <br />14. Calculation of Time Periods; Business Dav Time of Essence. Unless otherwise <br />specified, in computing any period of time described herein, the day of the act or event after <br />which the designated period of time begins to run is not to be included and the last day of the <br />period so computed is to be included, unless such last day is not a Business Day, in which event <br />the period shall run until the end of the next day which is a Business Day. The last day of any <br />period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in <br />which the Real Property is located. As used herein, the term "Business Day" means any day that <br />is not a Saturday, Sunday or legal holiday for national banks in the city in which the Real <br />Property is located. Subject to the foregoing provisions, time is of the essence of this <br />Agreement. <br />15. Entire Agreement; Amendments. This Agreement (including the documents delivered <br />pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the <br />subject matter of this Agreement and supersedes all prior agreements or letters of intent of the <br />Parties. This Agreement may not be amended, modified, or supplemented except by a written <br />instrument signed by an authorized representative of each of the Parties. <br />16. Binding Effect; Enforcement. The covenants, agreements, representations, and <br />warranties contained herein will be binding upon, be enforceable by and inure to the benefit of <br />the representatives, successors, and permitted assigns of the respective parties hereto. <br />17. Applicable Law. This Agreement will be construed and interpreted under, and governed <br />and enforced according to, the laws of the State of California applicable to contracts made and to <br />be performed entirely therein. <br />18. Counterparts. This Agreement may be executed in any number of counterparts and by <br />different Parties to this Agreement in separate counterparts, each of which when so executed and <br />delivered will be deemed original, but all such counterparts, together, will constitute but one and <br />the same instrument. Signature pages may be detached from multiple separate counterparts and <br />attached to a single counterpart so that all signature pages are physically attached to the same <br />document. This Agreement will become effective upon the execution and delivery of a <br />counterpart hereof by each Party to this Agreement. A signature of a Party to this Agreement <br />sent by facsimile, electronic mail (including a scanned portable document format copy sent by <br />electronic mail), or other electronic transmission will have the same force and effect as delivery <br />of an original signature of such Party. <br />19. Interpretation. The paragraph and section headings in this Agreement are solely for <br />convenience and will not be deemed to limit or otherwise affect the meaning or construction of <br />any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all <br />genders. The terms "include," "including," and similar terms will be construed as if followed by <br />the phrase "without being limited to." The term "or" has, except where otherwise indicated, the <br />inclusive meaning represented by the phrase "and/or." The words "hereof," "herein," "hereby," <br />"hereunder," and similar terms in this Agreement refer to this Agreement as a whole and not to <br />any particular provision or section of this Agreement. Words in this Agreement importing the <br />singular number will mean and include the plural number, and vice versa. <br />10 <br />
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