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WHEREAS, due to circumstances beyond the Parties control, the contingencies did not <br />occur; and <br />WHEREAS, the Parties have agreed to settle all potential and existing disputes between <br />them, including those claims, defenses and allegations in the Lawsuit in accordance with the <br />terms of the Agreement as amended herein ("Amendment') <br />NOW, THEREFORE, in consideration of the mutual promises, agreements, and <br />covenants contained herein, the Parties mutually agree as follows: <br />1. INCORPORATION. The above recitals are incorporated into this Agreement as <br />if fully stated herein. <br />2. CLOSING OF THE SALE PROPERTY. The Closing of the real estate <br />transaction contemplated in Paragraph 2 and Exhibit A to the Agreement will occur before <br />September 1, 2019 (hereinafter "Closing"). <br />3. CONTINGENCIES. The Agreement remains a contingent agreement. Paragraph <br />7 is amended to the extent specifically outlined in this section. The underlined dates now apply <br />to the contingencies outlined below. <br />A. A Closing of the Property located at 13008 Island View Drive on or before <br />September 1. 2019. <br />D. City Council approval of Boundary Adjustment by September 1. 2019. <br />4. CONSENT AND ADVICE OF COUNSEL/GOOD FAITH AGREEMENT. All <br />Parties to this Agreement acknowledge that they know and understand the contents of this <br />Agreement and this Agreement has been executed voluntarily, in good faith, and without <br />coercion by any party. Further, this Agreement represents a negotiated settlement to resolve the <br />Lawsuit on terms agreeable to all Parties. Finally, by their signature below, each Party <br />2 <br />