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to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance.
10.14 Counterparts and Electronic Signatures. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall constitute one and the same Agreement, notwithstanding that the signatures of each Party or their respective representatives do not appear on the same page of this Agreement. The Parties hereby acknowledge and agree that electronic signatures that comply with the eSign Act (15 U.S.C. Ch. 96) (such as DocuSign signatures), or signatures transmitted by electronic mail in so-called "PDF" format shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered. The Parties hereto (a) intend to be bound by the signatures on any document sent by electronic means including by electronic mail, (b) are aware that the other Party will rely on such signatures, and (c) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature.
10.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods, based on the date this Agreement is fully executed by both Parties and actually delivered to the other Party.
10.16 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, this Agreement is executed to be effective as of the City of Sand City,
a municipal corporation
By: _______________________________
Vibeke Norgaard, City Manager
ATTEST:
By: ___________________________
City Clerk
APPROVED AS TO FORM:
By: ___________________________
Adam Lindgren, Interim City Attorney
Richard P. Calcagno and Robert L. Calcagno, Successor Trustees of the John T. Calcagno and Teresa L. Calcagno Revocable Trust By:______________________________
Trustee
By:______________________________
Trustee
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Exhibit A
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Monterey, City of Sand City, State of California, and is described as follows:
Lot 24, in Block No. 12, as said Lot and Block are shown on that certain Map entitled, “Map of Seaside Addition to the Town of East Monterey, Monterey County, California, Surveyed by W.D.
Little, July 1889”, filed for record July 16, 1889 in the Office of the County Recorder of the County of Monterey, State of California, in Volume 1 of Maps, “Cities and Towns”, at Page 29.
APN: 011-133-009-000
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AGENDA ITEM
10F.
Comments by Council Members on Items
of Interest to Sand City
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AGENDA ITEM
10G.
Upcoming Meetings/Events
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