My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
DANA 4 ENTERPRISES. INC.
Clerk
>
Contracts / Agreements
>
D
>
DANA 4 ENTERPRISES. INC.
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/5/2020 8:37:37 AM
Creation date
10/5/2020 8:36:53 AM
Metadata
Fields
Template:
Contracts
Company Name
DANA 4 ENTERPRISES. INC.
Contract #
N-2020-158
Agency
Planning & Building
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
12
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the <br />following: they have carefully read this Agreement, and in signing this Agreement, they do so <br />with full knowledge of any right which they may have; they have received independent legal <br />advice from their respective legal counsel as to the matters set forth in this Agreement, or having <br />knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and <br />they have freely signed this Agreement without any reliance upon any agreement, promise, <br />statement, or representation by or on behalf of the other Party, or in their respective agents, <br />employees or attorneys, except as specifically set forth in this Agreement, and without duress or <br />coercion, whether economic or otherwise. <br />SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER. <br />Owner represents and warrants for the benefit and reliance for the City as follows: <br />A. Owner validly exists under the laws of the State of California and is authorized to <br />conduct business in California and is authorized to carry on its business being conducted as <br />contemplated in this Agreement; <br />B. Owner has the power and authority to enter into this Agreement; <br />C. This Agreement shall be a legal, valid and binding obligation of Owner, enforceable <br />against Owner and its successors and assigns in interest in the Property, and each portion thereof, <br />in accordance with its terms, subject to bankruptcy and other equitable principles. <br />SECTION 7. COVENANT OF OWNER. Owner declares that the Project and the <br />Property shall be held, conveyed, leased, used, and improved subject to the provisions of this <br />Agreement and this Agreement is expressly declared to be for the benefit of the Project and the <br />Property and the abutting public rights -of -way. The Property maintenance covenants of Owner in <br />favor of the City which arises under this Agreement shall run with and burden the Property and <br />shall be binding upon all persons having or acquiring any right or title in the Property, including <br />any leasehold interest, or any part thereof, and the successors and assigns of each of them, <br />including Applicant. <br />SECTION 8. TIME OF THE ESSENCE; TERM OF AGREEMENT. Time is expressly <br />made of the essence with respect to the performance by City and Owner of each and every <br />obligation and condition of this Agreement. <br />SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein <br />or available under applicable laws, if either Party to this Agreement commences an action <br />against the other Party arising out of, or in connection with this Agreement, the prevailing Party <br />shall be entitled to recover from the losing Party its costs of suit, including, but not limited to, its <br />reasonable attorney's fees, expert witness fees, and costs of investigation. <br />SECTION 10. INTEGRATION. This Agreement contains the entire understanding <br />between the Parties relating to the transaction contemplated by this Agreement, except as <br />otherwise provided. All prior contemporaneous agreements, understandings, representations and <br />statements, oral or written, are merged in this Agreement and shall be of no further force or <br />
The URL can be used to link to this page
Your browser does not support the video tag.