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Agmt17 MP Bradford Associates, LP - DDA
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Agmt17 MP Bradford Associates, LP - DDA
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Last modified
3/25/2022 11:58:09 AM
Creation date
11/5/2018 11:27:03 AM
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Agreement
Contractor Name
MP Bradford and Associates, L.P.
PROJECT NAME
DDA Bradford St between Main St. and Jefferson Ave. ‎(Bradford Senior Housing)‎
RMP File Number
304
Date
10/3/2017
Reso Ref
15621, 16026
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endorsements evidencing compliance with such adjustments within thirty (30) days following <br />receipt of such notice. <br />ARTICLE XI <br />MISCELLANEOUS PROVISIONS <br />11.1 No Brokers. Each Party warrants and represents to the other that no person or <br />entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other <br />compensation with respect to the transactions contemplated by this Agreement. Each Party agrees <br />to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or <br />liabilities arising in connection with a breach of this warranty and representation. The terms of this <br />Section shall survive the close of escrow and the expiration or earlier termination of this <br />Agreement. <br />11.2 _Enforced Delay; Extension of Times of Performance. The time for performance of <br />provisions of this Agreement by either Party shall be extended for a period equal to the period of <br />any delay directly affecting the Project or this Agreement which is caused by war, insurrection, <br />strikes, lockouts, riots, floods, earthquakes, fres, casualties, acts of God, acts of a public enemy, <br />epidemics, quarantine restrictions, freight embargoes, lack of transportation, suits filed by <br />unrelated third parties concerning or arising out of this Agreement or unseasonable weather <br />conditions ("Force Majeure"). An extension of time for any of the above-specified causes will be <br />deemed granted only if written notice by the Party claiming such extension is sent to the other <br />Party within ten (10) calendar days from the commencement of the cause. In any event, <br />construction of the Project must be completed no later than ninety (90) calendar days after the <br />scheduled completion date pursuant to the schedule set forth in this Agreement, any unavoidable <br />delay notwithstanding. <br />Times of performance under this Agreement may also be extended in writing by the mutual <br />agreement of Developer and City (acting in the discretion of the Authorized Representative unless <br />he or she determines in his or her discretion to refer such matter to the City Council). City and <br />Developer acknowledge that, notwithstanding any contrary provision of this Agreement, adverse <br />changes in economic conditions, either of the affected Party specifically or the economy generally, <br />changes in market conditions or demand, and/or inability to obtain financing to complete the <br />Project shall not constitute grounds of enforced delay pursuant to this Section. Each Party <br />expressly assumes the risk of such adverse economic or market changes and/or financial inability, <br />whether or not foreseeable as of the Effective Date. <br />11.3 Notices. Except as otherwise specified in this Agreement, all notices to be sent <br />pursuant to this Agreement or any other City Document shall be made in writing, and sent to the <br />Parties at their respective addresses specified below or to such other address as a Party may <br />designate by written notice delivered to the other Parties in accordance with this Section. All such <br />notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) <br />certified or registered mail, return receipt requested, in which case notice shall be deemed <br />delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized <br />overnight courier, with charges prepaid or charged to the sender's account, in which case notice is <br />effective on delivery if delivery is confirmed by the delivery service. <br />ATY/AGR/2017.218/RWC— BRADFORD — DDA <br />REV: 09-18-17 VR <br />Page 41 of 94 <br />
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