Laserfiche WebLink
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon <br />every portion of the Property; (b) nuls with the Property and each portion thereof; and (c) is binding <br />upon each Party and each successor in interest approved pursuant to this Agreement during <br />ownership of the Property or any portion thereof. <br />9.17 Comiterparts. This Agreement may be executed by the Parties in counterparts, <br />which counterparts shall be construed together and have the same effect as if all of the Parties had <br />executed the same instrument. <br />9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or <br />brought by a Party hereto for the purpose of enforcing, construing or determining the validity of <br />any provision of this Agreement shall be filed and tried in the Superior Court of the County of <br />Orange, State of California, and the Parties hereto waive all provisions of law providing for the <br />filing, removal or change of venue to any other court. <br />9.19 Proiect as a Private Undertaking. It is specifically understood and agreed by and <br />between the Parties hereto that the development of the Project is a private development, that neither <br />Party is acting as the agent of the other in any respect hereunder, and that each Party is an <br />independent contracting entity with respect to the teens, covenants and conditions contained in <br />this Agreement. No partnership, joint venture or other association of any kind is formed by this <br />Agreement. The only relationship between City and Developer is that of a government entity <br />regulating the development of private property and the Developer of such property. <br />9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and <br />provide reasonable assistance to the other to the extent contemplated hereunder in the performance <br />of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. <br />Upon the request of either Party at any time, the other Party shall promptly execute, with <br />acknowledgment or affidavit if reasonably required, and file or record such required instruments <br />and writings and take any actions as may be reasonably necessary under the terns of this <br />Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or <br />consummate the transactions contemplated by this Agreement. City hereby authorizes City <br />Manager to take such other actions and negotiate and execute any additional agreements as may <br />be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager <br />may delegate her or his powers and duties under this Agreement to an authorized management <br />level employee of the City. <br />9.21 Estoppel Certificate. Within ten (10) business days following a written request by <br />any of the Parties, the other Party shall execute and deliver to the requesting Party a statement <br />certifying that (i) either this Agreement is unmodified and in full force and effect or there have <br />been specified (date and nature) modifications to the Agreement, but it remains in full force and <br />effect as modified; and (ii) either there are no known current uncured defaults under this <br />Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The <br />statement shall also provide any other reasonable information requested. The failure to timely <br />deliver this statement shall constitute a conclusive presumption that this Agreement is in full force <br />and effect without modification, except as may be represented by the requesting Party, and that <br />21 <br />