FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

rte` 7 �� 937 8898 2b11 P3S-12 13:11 #272 P. 10/1S %to/ g. The Donor is,the owner of the Property and has marketable and insurable fee simple title to the Property, appurtenances,personalty and.Impx•ovements,free of restrictions, liens and other encumbrances,leases, subleases or other rights to possession or occupancy, recorded or unrecorded. h. Following the execution of this Agreement,Donor shall not convey or accept any offer to convey the Property or any portion of the Property nor shall the Donor encumber or permit encumbrance of the Property in any way nor grant any property,contract or occupancy right relating to the Property or any portion thereof without the prior'written consent of Donee,which may be withheld in Donee's sole and absolute discretion. i. If any person or entity makes a claim for payment for services performed prior to closing,the Donor shall pay or cause such claim to be paid or otherwise released prior to closing, subj ect to Donoes right to contest the validity of such claim;. If any such claim is made after the closing, the Donor shall indemnify, defend, and hold Donee harmless feom any and all claims, demands, or liability. This duty of defense and indemnification shall survive the closing and recordation of the deed. j. The Donor has received no notice of any default under any contract,transaction, agreement, encumbrance, or instrument pertaining to the Property which has remained uncured as of the date of this.Agreement: Donor shall immediately notify Donee of the receipt of any such notice and shall resolve all such issues as provided in subsection i, above. k. Donor is not a"foreign person."within the meaning of applicable law. The representations and warranties by the parties contained in this Agreement are deemed to be material and shall survive the execution,delivery, acceptance, and recordation of this Agreement and the deed conveying title to the Property. 19. Enforcement; Attorn 09 Fees; If suit should be brought for the enforcement or declaration of any right or obligation hereunder, by either party,the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attomey's fees. 20. Notices; Any notice which may be or is required to be given shall be in writing and given by personal delivery, by .nailing same by certified mail,return receipt requested,postage prepaid, or by express delivery service which provides a written acceptance of delivery, to the Other party at the address shown below or at such other place as may be designated from time to time. Any notice mailed shall be deemed received.on the third day after ymail male iling, PersaaaI service and express delivery shall be deemed received on the date of actual receipt. Donee's address: City of Stockton Attention: City Manager 425 N. El Dorado Street Stockton, CA 95202 Page 9