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CLOVER FAMILY TRUST, HSSM 2006 FAMILY TRUST, AND REZA FASSIHI-2011
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CLOVER FAMILY TRUST, HSSM 2006 FAMILY TRUST, AND REZA FASSIHI-2011
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4/23/2021 3:23:33 PM
Creation date
3/10/2011 5:30:21 PM
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Contracts
Company Name
CLOVER FAMILY TRUST, HSSM 2006 FAMILY TRUST, AND REZA FASSIHI
Contract #
A-2011-034
Agency
PUBLIC WORKS
Council Approval Date
2/22/2011
Destruction Year
p
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25. .No Reliance By One Party On The Other. Each party has received independent legal advice from its <br />attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. <br />The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party <br />based upon any attribution to such party as the source of the language in question. <br />26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other <br />person or entity has or shall acquire any rights hereunder. <br />27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute <br />and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and <br />do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions <br />of this Agreement, without cost. <br />28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the <br />benefit of the successors and assigns of the parties to this Agreement. <br />29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein <br />below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in <br />the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />30. Construction Contract and Curative Work. <br />(a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in <br />Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction <br />contract items at the time of the installation of the proposed project: <br />i. remove 267 SF of concrete paving <br />ii. remove 8 LF of concrete planter curbing <br />iii. remove 8 LF of concrete block wall <br />iv. remove one metal bollard <br />V. remove one large tree <br />(b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller <br />through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish <br />the following improvements located on the Property: <br />i. Rework wrought iron fencing/gates <br />ii. Reconfigure parking lot striping <br />31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />
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