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.
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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]
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"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
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