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3.4 Improvements. After Owner completes the Dedication, City agrees to construct <br />the improvements required by the Street Improvement Plan. <br />3.5 Warranty of Title. Owner warrants that title to the Property will be free and clear <br />of any defects or clouds at the time that Owner completes the Dedication. Owner agrees to <br />provide a title report for the Property prior to completion of the Dedication. <br />3.6 Nothing contained herein shall be deemed to be an obligation for the City to <br />approve land use or project entitlements involving the Property. <br />3.7 Attorneys Fees. In the event of any action or proceeding, including arbitration, by <br />any of the Parties to this Agreement against another Party to enforce any of the terms, covenants <br />oi- conditions contained herein., the prevailing Party in any such action or proceeding shall be <br />entitled to reasonable attorney's fees and costs of litigation, including, without limitation, filing <br />fees, service fees, deposition costs and arbitration costs, in addition to all other legal and <br />equitable remedies available to it. Each Party shall give prompt notice to the other of any claim <br />or suit instituted against it that may affect the other Party. <br />3.8 waiver. The waiver by any Party of any breach of any term, covenant, or <br />condition herein contained shall not be deemed to be a waiver of any other term, covenant, or <br />condition, or of any subsequent breach of the same term, covenant, or condition. <br />3.9 Notices. All notices shall be in writing and addressed as follows: <br />3.9.1 Notices to Owner shall, until City's receipt of written notice otherwise, be <br />addressed: Mk S Alt,rM . All such notices may be either deliveredersonall , <br />p Y <br />or may be deposited in the United States mail, properly addressed as aforesaid with postage fully <br />prepaid .for delivery by certified or registered mail, and shall be effective upon receipt. <br />3.9.2 Notices to City shall be addressed to City of. Colton., 650 North La Cadena <br />Drive, Colton, CA 92324-2823, Attn: City Engineer. <br />All notices shall be deemed made when personally delivered or when mailed <br />forty-eight (48) hours after each deposit in the U.S. mail, first-class postage prepaid and <br />addressed to Party at its applicable address. <br />3.10 Authority to Enter Agreement. All Parties have all requisite power and authority <br />to execute, deliver, and perform the Agreement. All Parties warrant that the individuals who <br />have signed this Agreement have the legal power, right, and authority to make this Agreement <br />and bind each respective Party. <br />3.11 Construction; References; Captions. Since the Parties or their agents have <br />participated fully in the preparation of this Agreement, the language shall be construed simply, <br />according to its fair meaning, and not strictly for or against any Party. Any term referencing <br />time, days or period for performance shall be deemed calendar days or calendar weeks, and not <br />work days. All references to City or Owner shall include their respective directors, elected <br />0RANGE\ADYE\34803.1 <br />