Laserfiche WebLink
assessments on their respective property being transferred, payment of <br />which is required as a result of the Closing of this Agreement and the <br />recording of the respective Deed. <br />(viii) All Other Levied S )ecial Assessments. The City and the District shall pay <br />on the Date of Closing all other special assessments levied on their <br />respective property being transferred, as of the date of this Agreement <br />subject to the terms of this Agreement. <br />(ix) Taxes and Special Assessments in the Years Following Closing. Each <br />party shall pay real estate taxes payable in the years following Closing and <br />thereafter and special assessments payable therewith, the payment of <br />which is not otherwise provided herein. <br />(e) Attorneys' Fees. Each of the parties will pay its own attorneys' fees. <br />11. CONDITION OF PROPERTY AND IMPROVEMENTS. Other than the <br />warranties and representations made in this Agreement, the properties to be conveyed under this <br />Agreement are being sold "AS IS" and "WHERE IS" with no express or implied representations <br />or warranties by either party as to physical conditions, quality of construction, workmanship, or <br />fitness for any particular purpose. <br />12. REPRESENTATIONS AND WARRANTIES. As of the date of this <br />Agreement, the City and the District represent and warrant respectively as follows: <br />(a) No Breach. The consummation of the transactions contemplated by this <br />Agreement will not constitute a default or result in the breach of any term or <br />provision of any contract or agreement to which the City and the District is a <br />party so as to adversely affect the consummation of such transactions. <br />(b) Authorily. The execution, delivery and performance of this Agreement by the <br />City and District been authorized and approved by the City and the District, and <br />the persons executing this Agreement on behalf of each party have full authority <br />to bind the respective party to the terms hereof. <br />(c) No Actions. There is no action, suit, legal proceeding, investigation, <br />condemnation or other proceeding pending or threatened against the City or the <br />District which may adversely affect the consummation of the transactions <br />contemplated by this Agreement or affecting any portion of the party's land to be <br />conveyed, in any court, before any arbitrator of any kind or before or by an <br />governmental body. <br />(d) Title to Land and Improvements. Each party hereunder owns the land to be <br />conveyed free and clear of all encumbrances, except for Permitted Encumbrances. <br />201970A <br />