Agenda Packet_2026-02-03 - Laserfiche WebLink

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have had prior to the execution of this Agreement. No waiver, alteration, modification, or termination of this Agreement shall be binding unless made in writing and signed by the authorized The Parties. 17. No waiver by City or Owner of any breach or default of any provision of this Agreement shall be deemed a waiver of any other provision in this Agreement or of any subsequent breach or default by Owner of the same or any other provision. whether or not similar, nor shall any waiver constitute a continuing waiver. 18. This Agreement shall be deemed to be jointly prepared by The Parties, and any ambiguities or uncertainties herein shall not be construed for or against either party. The words "including," "included," "include" and words of similar import shall not be interpreted as words of exclusion but shall instead be interpreted as though followed by the words "but not limited to" or "without limitation." 19. The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision in this Agreement, except as it relates to Paragraph ] which, if found invalid, shall render the entire Agreement null and void. 20. The Parties represent and warrant that each has the full right, power and authority to carry out its obligations under this Agreement. The individuals executing this Agreement on behalf of each party represent and warrant that they have full power and authority to execute and deliver this Agreement on behalf of such party. 21. Upon the Effective Date, all provisions of this Agreement, including the benefits and burdens, are equitable servitudes, run with the Property and are binding upon the heirs, executors, successors, assigns and personal representatives of Owner and inure to the benefit of City and Owner and its and their successors and assigns unless and until twenty(20) Payments in Lieu have been paid, at which time the Agreement shall be of no force or effect. 22. One year prior to the end of the 20-year term of this Agreement, notices shall be sent by Owner to all entities listed in Section 15. Said notices shall notify all parties to this Agreement of the Agreement's end date and shall contain any updated contact information for the parties. 23. Each and every contract, deed or other instrument covering, conveying or otherwise transferring the Property or any portion thereof or interest therein shall conclusively be held to have been executed, delivered and accepted subject to this Agreement,unless and until twenty(20) Payments in Lieu have been paid, at which time the Agreement shall be of no force or effect. 24. This Agreement shall not be deemed to create any third-party beneficiary rights for any person or entity. This Agreement is made and entered into in the State of California and is to be construed under the laws and the constitution of the State of California, without regard to its conflicts of laws principles. Venue shall be in Orange County. AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 7 i y' ounce 12 - 11 2/3/2026