08-13-08 Council Agenda - Laserfiche WebLink

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has inspected the other's parcel and agrees to take title to the other's parcel "as is", without warranty or representation of any kind, by the party or any agent of the party, either express or implied, as to its condition or fitness for use which is not expressly stated in this Contract. 12. Integration: All negotiations, considerations, representations and understandings between the parties are incorporated in this document. 13. Authority to Sign: The parties executing this Contract on behalf of City and Terrace Heights represent that they have authority and power to sign this Contract on behalf of City and Terrace Heights. 14. Additional Agreements Relating to the Transaction: a) Relocation of Mobile Home from Lot D: Upon acquisition by City of the mobile home and related personal property located on Lot D, Terrace Heights shall assist in the relocation of said mobile home and related personal property to another suitable site within the Terrace Heights Mobile Home Park, as determined in the sole discretion of Terrace Heights. Terrace Heights shall obtain at least two quotes for said relocation and provide documentation of same to City. City shall be responsible for all costs associated with said relocation, other than lot rent for new location. Terrace Heights agrees not to impose any lot rental charges upon City until City either sells or rents the mobile home to another party. b) pevelopment Costs for Six Mobile Home Sites: Terrace Heights shall be responsible for all costs associated with preparing the six mobile home sites to be created as a result of this Contract for occupancy. Said costs shall include, but not be limited to grading, drainage, water, sanitary sewer, roads, electricity, gas, phone, cable TV. Terrace Heights also agrees that it shall not undertake any site preparation that conflicts with City's work as described in Exhibit D, based upon the City's sole determination. If any City utility is used to serve the lots, Terrace Heights shall be the associated costs of connection, including any special assessment or equivalent charge. c) Future Garage Extension: Subject to local zoning codes in effect at the time of application, City acknowledges the right of Terrace Heights, should they so determine, to apply for a conditional use permit/variance to extend the existing garage onto lots 18, 19, and 20, or any part thereof. City will give said application all due consideration but can not limit its legislative authority or bind future City Council as to the final outcome of a decision. 15. Brokers: The parties to this Contract represent to each other that they have not dealt with any real estate agent, broker, finder or any other entity which is or may be entitled to a commission as a result of this transaction. Any party making a misrepresentation under this clause shall hold the other party harmless from any losses, costs, or expenses, including reasonable attorneys' fees and court costs, arising out of such breach. Notice of any claim under this provision must be given to the other party within 30 days from the date a request for a commission is made. The indemnifying party will have the right to defend and settle any claim. 16. Addenda and Exhibits: This Contract includes the following Addenda and/or Exhibits, which shall take precedence over conflicting provisions (if any), of this Contract, and are made an integral part of this Contract and fully incorporated by reference: S:\HO\Deptllegal\USLEGAL\Central Division\Midwes6022-0071 {little Canada}\Contracl (revised 02.14.07)AOc -4-