2016/06/01 Council Agenda Packet

a I 6 and its currently existing improvements. 2. Termination of Agreement. This Agreement automatically terminates upon expiration of the Negotiation Period. C. Limitations/No Liability if Negotiated Agreements Are Not Executed By its execution of this Agreement,the City is not committing itself to or agreeing to undertake the transfer of the Property to Low Barrier Service Provider. This Agreement does not constitute a transfer or other disposition of the Property. Execution of this Agreement by the City is only an agreement to enter into a period of exclusive negotiation according to the terms of this Agreement,reserving final and complete discretion to the City Council as to the final approval of the Negotiated Agreements. Neither party to this Agreement has any claim against the other party in the event that the Negotiated Agreements are never executed. For example,this means that any funds spent by either party in anticipation the execution of the Negotiated Agreements are spent at the sole risk of the spending party. D. Notices • All notices under this agreement shall be delivered to the following addresses, which may be changed upon written notice: City: Becky Abelman McCrary City of Everett 2930 Wetmore Avenue, Everett, WA 98201 Low Barrier Service Provider: E. Real Estate Commissions The City warrants that it has not engaged any broker, agent or finder in connection with this transaction,and the City will indem iity, defend and hold harmless Low Barrier Service Provider from any claim by a broker, agent or finder alleging to be retained by the City relating to the Property. The Low Barrier Service Provider warrants that it has not engaged any broker, agent or finder in connection with this transaction, and the Low Barrier Service Provider will indemnity, defend and hold handless City from any claim by a broker, agent or finder alleging to be retained by the Low Barrier Service Provider relating to the Property. 194