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MARTHA'S MARKET, INC. - 2008
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MARTHA'S MARKET, INC. - 2008
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Last modified
1/3/2012 2:34:46 PM
Creation date
4/19/2010 1:13:31 PM
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Contracts
Company Name
MARTHA'S MARKET, INC.
Contract #
A-2008-160
Agency
Public Works
Council Approval Date
6/2/2008
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M M <br />vacate the Property not later than December 31, 2008. Landlord and Tenant agree that any <br />disputes relating to payments made hereunder shall be controlled and resolved pursuant to <br />the terms of a separate agreement between the Tenant and Landlord. <br />2 <br />Owner's Duties <br />Owner agrees to develop a replacement structure Replacement Structure on the lot <br />immediately east and adjacent to the Property. This lot is identified as APN 101-272- <br />04. Construction of the Replacement Structure is expected to be completed on or <br />about, December 31, 2008. <br />Release and Indemnity <br />Tenant and Landlord unconditionally agree to release, indemnify, defend and hold harmless <br />City, its officers, directors, Agencies, employees, and authorized agents (collectively <br />"Agents"), from any and all claims, liabilities, costs, damages or causes of action which <br />Tenant and/or Landlord now have or in the future may have against City arising from the <br />acquisition of the Property for the Project, including, but not limited to, any and all <br />relocation assistance and other relocation and/or displacement benefits, and including <br />compensation for any and all loss of business goodwill (if any), leasehold interests, personal <br />property, improvements pertaining to realty, bonus value (if any), severance damages (if <br />any), and any and all other damages to which Tenant and/or Landlord may be entitled to as <br />a result of City's acquisition of the Acquired Property for the Project. <br />4 <br />Attorney's Fees <br />In the event of litigation relating to this ASA, the prevailing party shall be entitled <br />to reasonable attorneys' fees and costs. <br />Entire Agreement <br />This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter <br />discussed herein, and supersedes any prior written or oral agreements between the Parties <br />concerning the subject matter contained herein. This ASA may be modified only by a <br />writing executed by the Parties hereto. <br />6 <br />Partial Invalidity <br />In the event that any term, covenant, condition or provision of this ASA shall be held by a <br />court of competent jurisdiction to be invalid or against public policy, the remaining <br />provisions shall continue in full force and effect. <br />7 <br />Waiver <br />The provisions of this ASA may be waived, altered, amended or repealed, in whole or in <br />part, only upon the written consent of all Parties to this ASA. The waiver by one party of <br />Tenant's [nitials <br />Acquisition Settlement Agreement <br />Page 4 of 8 <br />,, <br />Landlord's Initials =~ J" <br />
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