Loading...
HomeMy WebLinkAboutConfirmation and Certification - Marshall E. and Sandra Lee Andich , o 11 % ti RECEIVED CONFIRMATION AND CERTIFICATION CZ) ,,Q„ 2004 Marshall E. and Sandra Lee Andich This Confirmation and Certification (the Certification"), executed by Marshall E. "-••ich anddCS Sandra Lee Andich (jointly And severally, "Andich"), in favor of The City of Carmel Rede' • �. ent Commission ("CRC"), thisay of November, 2004, WITNESSES: Recitals WHEREAS, CRC and Andich have entered that certain Agreement for Purchase of Real Estate (the "Purchase Agreement"); WHEREAS,pursuant to the Purchase Agreement,Andich has certain obligations with respect to Property Contracts and Utility Charges; WHEREAS,the Purchase Agreement requires that,at the closing contemplated thereby(the "Closing"), Andich shall execute a confirmation that it has complied with all such obligations; WHEREAS, pursuant to the Purchase Agreement, Andich has made certain representations and warranties; WHEREAS, the Purchase Agreement requires that, at the Closing, Andich shall execute a certification that such representations and warranties are true and correct in all respects as of the of Closing; and WHEREAS, Andich desires to execute this Certification, as required by the Purchase Agreement; Confirmation NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Andich confirms and certifies the following: 1. Confirmation. Andich confirms and certifies that it has complied with and performed each of its obligations set forth in Section 6 of the Purchase Agreement. 2. Indemnification. Andich shall indemnify and hold harmless CRC from and against any and all claims, actions, liabilities, losses, damages, injuries, costs, and expenses (including, without limitation, attorneys' fees and court costs) incurred as a result of, or in connection with: (a) the Property Contracts; and/or (b)the payment and settlement of the Utility Charges; 3. Certification. Andich certifies that each of the representations and warranties set forth in Section 9 of the Purchase Agreement are true and correct in all respects as of the date hereof. 4. Miscellaneous. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Purchase Agreement. IN WITNESS WHEREOF, Andich has executed this Certification as of the date set forth above. By: r all E. Andich By: Sandra Lee Andich Z:\Documents\Shoup, Jenny\City of Carmel\Arts 02Nov04 District\Andich\Closing Documents\Certification and Confirmation-Marshall and Sandra.wpd