Agmt23 Peninsula Corridor Joint Powers Board

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REV: 01-17-23 JB ARTICLE 5. MISCELLANEOUS PROVISIONS Section 5.01. California Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Section 5.02. Nature of Commitment. Nothing in this Agreement is or should be construed to be a covenant, promise, or commitment by City (including, without limitation, any agency, board, or commission of City) to grant any entitlement for development or to make a final decision on any proposal, nor shall it prevent City (including, without limitation, any agency, board, or commission of City) from acting, or electing not to act, on any proposal in any manner other than that deemed proper by City. Section 5.03. (Intentionally Omitted) Section 5.04. No Agency, Joint Venture or Partnership. It is understood that Developer is not an agent of City. City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Developer joint venturers or partners. Section 5.05. Notices. Any notice or communication required hereunder between the Parties must be in writing. Such notices or communications shall be given to the Parties at their addresses set forth below: CITY: City Manager City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Telephone: 650-780-7300 Facsimile: 650-780-7225 with copies to: City Attorney City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Telephone: 650-780-7200 Facsimile: 650-780-5963 DEVELOPER: Michelle Bouchard Executive Director Peninsula Corridor Joint Powers Board 1250 San Carlos Ave. San Carlos, CA 94070 650-508-6420 Section 5.06. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. ATTY/AGR.2022.391/Joint Powers Board (Transit District Amendments) (Page 4 of 7)