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10-0506_CHAMBER OF COMMERCE, SJC_representatives shall have contributed to or exacerbated any condition on the Property with respect to the presence of chemicals, petroleum products, hazardous materials or other controlled or regulated substances (including, without limitation, any investigation, repair, clean-up, remediation and treatment); (iii) any liens, claims, demands, actions or suits arising from the Permitted Activities; and (iv) any costs of enforcement of any provision of this Agreement. Following City's revocation of the license granted pursuant to this Agreement and/or the completion of the Permitted Activities, Licensee shall restore the Property to the condition in which it existed prior to the Permitted Activities. 10. Notices. All notices given pursuant to or in connection with this Agreement shall be in writing and shall be transmitted either by personal delivery, or a nationally recognized overnight courier which keeps receipts of delivery (such as Federal Express), or United States Mail (first class, postage prepaid, certified, return receipt requested). Notices shall be effective upon delivery, if delivered by personal delivery or overnight courier, or three (3) business days after mailing, if mailed in accordance with the above. Notices to the respective parties shall be sent to the following addresses, unless written notice of a change of address has been previously given pursuant hereto: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Douglas D. Dumhart To Licensee: San Juan Capistrano Chamber of Commerce P.O. Box 1878 San Juan Capistrano, California 92693 Attention: Chamber President 11. Authority. Each signatory hereto warrants to the other party its authority to sign on behalf of the party for whom its purports to sign. 12. Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto. 13. No Oral Modification. No alteration or variation of this Agreement shall be valid or binding unless made in writing and signed by the parties hereto. 14. Successors and Assigns. Licensee may not assign any of its rights under this Agreement, either voluntarily or by operation of law, without City's prior written consent. No assignment by Licensee shall release Licensee from any liability under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. Page 4 of 7 15. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 16. Counterparts. This Agreement may be executed in counterpart signature pages which, when attached to this Agreement, shall constitute one fully executed document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. [Signatures on following page] Page 5 of 7 "CITY" Dr. Londres Uso\,-Mayor "LICENSEE" Larry T.(dmas-10haniibar President Approve as to Form Page 6 of 7 Capp nCO".CO.MAWaism,Cu EXHIBIT "A" DESCRIPTION OF CERTAIN REAL PROPERTY Page 7 of 7