KUDA, LAWRENCE M., TRUSTEE OF THE KUDA FAMILY SURVIVING GRANTORS TRUST, AND BRUCE METAL AND SALVAGE, INC.

Home Browse Search

Docusign Envelope ID:9CBEDCE3-696B-4C55-9FC6-3A8DE9663BF9 J. Priority off Ci1y Ordinances and Other Laws. Notwithstanding any provision in this Agreement to the contrary,the approval and acceptance of this Agreement by the City shall not be deemed a waiver or release of any applicable provision of any building permit or other development project permit issued by the City for the improvement on the Property,or of any other applicable ordinance or law or the general police power of the City. In the event of any conflict or inconsistency between any provision hereof and any ordinance, law,or the general police power of the City,the latter shall prevail. SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and be of no further force or effect upon the mutual written termination ofthis Agreement by the Owner and the City, or upon cessation of the Industrial Use by the Owner at any time. SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the following:they have carefully read this Agreement,and in signing this Agreement,they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or having knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and they have freely signed this Agreement without any reliance upon any agreement, promise, statement, or representation by or on behalf of the other Party, or in their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. SECTION 6. REPRESENTATION AND WARRANTIES OF THE OWNER, The Owner represents and warrants for the benefit and reliance for the City as follows: A. The Owner validly exists under the laws of the State of California and is authorized to conduct business in California and is authorized to carry on its business being conducted as contemplated in this Agreement; B. The Owner has the power and authority to enter into this Agreement; C. This Agreement shall be a legal,valid and binding obligation of the Owner,enforceable against the Owner and its successors and assigns in interest in the Property, and each portion thereof, in accordance with its terms, subject to bankruptcy and other equitable principles. SECTION 7. COVENANT OF THE OWNER. The Owner declares that the Industrial Use and the Property shall be held,conveyed, leased,used, and improved subject to the provisions of this Agreement and this Agreement is expressly declared to be for the benefit of the Property and the abutting public rights-of-way. The Property maintenance covenants of the Owner in favor of the City which arises under this Agreement shall run with and burden the Property and shall be binding upon all persons having or acquiring any right or title in the Property, including any leasehold interest, or any part thereof, and the successors and assigns of each of them. SECTION S. TIME OF THE ESSENCE; TERM OF AGREEMENT. Time is expressly made of the essence with respect to the performance by the City and the Owner of each and every obligation and condition of this Agreement. SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein or available under applicable laws, if either Party to this Agreement commences an action against 73183404vE 6