The City. The address of the City is 00 Xxxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: City Manager; telephone 000-000-0000; with copies to Xxxxx Xxxxx, City Attorney, 00000 Xxx Xxxxxx Xxxxxx, Suite 1000, Irvine, CA 92164, Telephone: (000) 000-0000. (a) The City is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the laws of the State of California; (b) The City has taken all actions required by law to approve the execution of this Covenant Agreement; (c) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of the City; (d) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not constitute a violation of any state or federal statute or judicial decision to which the City is subject; (e) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City’s obligations under this Covenant Agreement; (f) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and (g) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City. The representations and warranties set forth above are material consideration to Owner and the City acknowledges that Owner is relying upon the representations set forth above in undertaking Owner’s obligations set forth in this Covenant Agreement. As used in this Covenant Agreement, the term “City’s actual current knowledge” shall mean, and shall be limited to, the actual current knowledge of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns. Wherever the term “City” is used herein, such term shall include any permitted nominee, assignee or successor of the City.
Appears in 2 contracts
Samples: Operating Covenant Agreement, Operating Covenant Agreement
The City. The address of the City is 00 000 Xxxx X Xxxxxx, Xxxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: City ManagerXxxxxxxx XxXxxx Xxxxxxxx, Economic Development Director; telephone telephone: (000-) 000-0000; email: xxxxxxxxx@xxxxxxxxx.xxx; with copies to Xxxxx Xxxxx, City Attorney, 00000 Xxx 0000 X Xxxxxx XxxxxxXx, Suite 1000Xxxxxxx, IrvineXX, CA 9216400000, Telephone: (000) 000-0000.; email: xxxxx.xxxxx@xxxxxx.xxx. The City represents and warrants to Owner that, to the best of City’s actual current knowledge:
(a) The City is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the laws of the State of California;
(b) The City has taken all actions required by law to approve the execution of this Covenant Agreement;
(c) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of the City;
(d) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not constitute a violation of any state or federal statute or judicial decision to which the City is subject;
(e) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City’s obligations under this Covenant Agreement;
(f) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and;
(g) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City; and
(h) Nothing in this Covenant Agreement or the implementation thereof shall violate the provisions or intent of Government Code Section 53084.5 et seq. The representations and warranties set forth above are material consideration to Owner and the City acknowledges that Owner is relying upon the representations set forth above in undertaking Owner’s obligations set forth in this Covenant Agreement. As used in this Covenant Agreement, the term “City’s actual current knowledge” shall mean, and shall be limited to, the actual current knowledge of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns. Wherever the term “City” is used herein, such term shall include any permitted nominee, assignee or successor of the City.
Appears in 1 contract
Samples: Operating Covenant Agreement
The City. The address of the City is 00 000 Xxxx X Xxxxxx, Xxxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, City Manager, 000 Xxxx X Xxxxxx, Xxxxxxx, XX 00000; telephone Telephone (000) 000-0000; Facsimile (000) 000-0000; with copies to Xxxxx Xxxx Xxxxx, City Attorney, 00000 Xxx 0000 Xxxx Xxxxxx XxxxxxXxxx, Suite 1000Xxxxx 000, IrvineXxxxxxx, CA 92164XX 00000, Telephone: (000) 000-0000.
(a) The City is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the laws of the State of California;
(b) The City has taken all actions required by law to approve the execution of this Covenant Agreement;
(c) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of the City;
(d) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not constitute a violation of any state or federal statute or judicial decision to which the City is subject;
(e) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City’s obligations under this Covenant Agreement;
(f) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and
(g) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City. The representations and warranties set forth above are material consideration to Owner and the City acknowledges that Owner is relying upon the representations set forth above in undertaking Owner’s obligations set forth in this Covenant Agreement. As used in this Covenant Agreement, the term “City’s actual current knowledge” shall mean, and shall be limited to, the actual current knowledge of the office of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns. Wherever the term “City” is used herein, such term shall include any permitted nominee, assignee or successor of the City.
Appears in 1 contract
Samples: Operating Covenant Agreement
The City. The address of Notices shall be sent to the City is 00 Xxxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx 00000, Attentionas follows: To the City: City Manager; telephone 000-000-0000; with copies to Xxxxx Xxxxx, City Attorney, 00000 Xxx Xxxxxx Xxxxxx, Suite 1000, Irvine, CA 92164, Telephone: (000) 000-0000.of Ontario
(a) The City represents and warrants to Owner that:
(i) The City is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the laws of the State of California;
(bii) The City has taken all actions required by law to approve the execution of this Covenant Agreement;; DocuSign Envelope ID: 38A1EA6B-AD61-4A57-9232-346E4807CE41
(ciii) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of the City;
(div) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not constitute a violation of any state or federal statute or judicial decision to which the City is subject;
(ev) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City’s obligations under this Covenant Agreement;
(fvi) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and
(gvii) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City. .
(b) The representations and warranties set forth above are material consideration to Owner and the City acknowledges that Owner is relying upon the representations set forth above in undertaking Owner’s obligations set forth in this Covenant Agreement. .
(c) As used in this Covenant Agreement, the term “City’s actual current knowledge” shall mean, and shall be limited to, the actual current knowledge of the office of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. .
(d) All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns. Wherever the term “City” is used herein, such term shall include any permitted nominee, assignee or successor of the City.
Appears in 1 contract
Samples: Operating Covenant Agreement
The City. The City is the City of Vallejo, a California municipal corporation. The address of the City is 00 Xxxxxxx000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000Vallejo, Xxxxx Xxxxx, Xxxxxxxxxx 00000California 94590, Attention: Xxxx Xxxxxx, City Manager; telephone 000-000-0000; with copies to Xxxxx Xxxxx, City Attorney, 00000 Xxx Xxxxxx Xxxxxx, Suite 1000, Irvine, CA 92164, Telephonetelephone: (000) 000-0000., email: xxxx.xxxxxx@xxxxxxxxxxxxx.xxx; with copies to City of Vallejo, City Attorney’s Office, 000, Xxxxx Xxxxx Xxxxxx, Vallejo, CA 94590, Attention: Xxxxxxx Xxxxxxxx; telephone: (000) 000-0000, email: Xxxxxxx.Xxxxxxxx@xxxxxxxxxxxxx.xxx. The City represents and warrants to Owner that, to the City's actual current knowledge:
(ai) The City is a public body, corporate and politicCalifornia municipal corporation, exercising governmental functions and powers and organized and existing under the constitution and laws of the State of California;
(bii) The City has taken all actions required by law to approve the execution of this Covenant Agreement;
(ciii) The City’s 's entry into this Covenant Agreement and/or and the performance of the City’s 's obligations under this Covenant Agreement does do not violate any contract, agreement or other legal obligation of the City;
(div) The City’s 's entry into this Covenant Agreement and/or and the performance of the City’s 's obligations under this Covenant Agreement does do not constitute a violation of any state or federal statute or judicial decision to which the City is subject;
(ev) There are no pending lawsuits or other actions or proceedings which that would delay, prevent or impair the timely performance of the City’s 's obligations under this Covenant Agreement;
(fvi) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to required for the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and
(gvii) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City. The representations and warranties set forth above are material consideration to the Owner and the City acknowledges that the Owner is relying upon the representations set forth above in undertaking the Owner’s 's obligations set forth in this Covenant Agreement. As used in this Covenant Agreement, the term “City’s actual current knowledge” shall mean, and shall be limited to, the actual current knowledge of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns. Wherever the term “City” is used herein, such term shall include any permitted nominee, assignee or successor of the City.
Appears in 1 contract
Samples: Public Infrastructure Construction and Reimbursement Agreement