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CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
Owner and Purchaser have entered into exploratory discussions regarding the possible purchase and sale of the following real property (the “Property”).
In consideration of each party’s willingness to continue such discussions, Owner and Purchaser hereby agree as follows:
- Owner will make available to Purchaser certain information relating to the Property (the “Disclosed Information”). The Disclosed Information may include, for example and not by way of limitation, operating statements, budgets, leases, title reports, environmental reports, surveys and loan documents. As a condition to such information being furnished, Purchaser agrees to treat the Disclosed Information as confidential in accordance with the provisions of this Agreement.
- Without Owner’s prior written consent, Purchaser shall not use the Disclosed Information for any purpose other than evaluating a possible acquisition of the Property. Purchaser may disclose or allow the disclosure of any Disclosed Information only to its principals, officers, employees, agents, representatives and consultants (the “Purchaser Parties”), each of whom shall have been provided with a copy of this Agreement, and agreed to keep the Disclosed Information confidential and otherwise comply with the terms of this Agreement to the same extent as if they were signatories hereto. In any event, Purchaser shall be responsible for any breach of this Agreement by any of the Purchaser Parties.
- Purchaser agrees that, without Owner’s prior written consent, neither Purchaser nor any of the Purchaser Parties shall disclose to any person the fact that the Disclosed Information has been made available, that discussions or negotiations are taking place concerning a possible transaction involving the parties, or any of the terms, conditions or other facts with respect thereto (including the status thereof). The term “person” as used in this Agreement shall be broadly interpreted to include any corporation, partnership, group, individual or other entity.
- Neither party shall have any obligation to continue discussions in connection with a proposed purchase and sale of the Property, or to negotiate exclusively or in good faith. Should either Purchaser or Owner decide that it does not wish to proceed with the transaction contemplated by the parties, which it shall be free to do in the exercise of its sole discretion for any or no reason, it shall promptly inform the other of that decision in writing. In that case, Purchaser shall promptly return to Owner all of the Disclosed Information provided to Purchaser or any of the Purchaser Parties, including all copies. Purchaser and the Purchaser Parties shall continue to be bound by this Agreement following any such termination.
- Purchaser acknowledges and agrees that: (a) the Disclosed Information is provided solely for informational purposes to assist a potential investor in determining whether it wishes to proceed with the purchase of the Property; (b) Owner makes no representations or warranties whatsoever with respect to the Disclosed Information, whether in connection with its completeness, accuracy, reliability or any other matter; (c) the only representations and warranties that may be relied upon by Purchaser must be contained in a fully executed and delivered purchase agreement negotiated and agreed to by the parties, each in the exercise of its sole discretion (a “Purchase Agreement”), and will be subject to the terms, conditions and limitations contained therein; and (d) Purchaser hereby releases, discharges and holds Owner and its principals, officers, employees, agents, representatives and consultants (“Owner Parties”) harmless from and against any and all liability with respect thereto, and any and all actions, suits, claims, demands, losses, costs, and expenses (including attorneys’ fees and disbursements) arising out of or in any way related to the use or disclosure of the Disclosed Information.
- Neither Purchaser nor Owner shall be bound to purchase or sell the Property, whether by virtue of this letter or otherwise unless, and until such time as both parties have executed and delivered a binding Purchase Agreement. Purchaser represents and warrants that it is acting as a principal in the contemplated transaction, and shall not seek a real estate commission from Owner or any of the Owner parties.
- Purchaser acknowledges and agrees that money damages would not be a sufficient remedy for any breach of this Agreement and that Owner shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any breach, and Purchaser agrees to waive any requirement for the posting of any bond or other security in connection with such remedy. Such remedy shall not be deemed to be the exclusive remedy for breach of this Agreement but shall be in addition to and cumulative with all other remedies available to Owner at law or equity.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute relating to arising out of this Agreement shall be resolved in San Francisco, California. In the event of litigation relating to this Agreement, the party found to have breached this Agreement shall pay the reasonable legal fees and costs incurred by the other party in connection with such litigation, including any appeal therefrom.
- Building measurements and zoning must be verified by Buyer.
- The information contained in this document has been secured from sources we believe reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. We bear no liability for any errors, inaccuracies or omissions.
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Property Access Registration
Owner/User or Development Opportunity
889 Moraga Road – Lafayette, CA
Ideal Owner/User or Development Opportunity
A well-located office building totaling ±1,514 square feet and situated on approximately ±0.42 acres in a highly desirable location in the heart of Lafayette.
Strategically located within walking distance to the downtown shopping and dining areas, the property benefits from exceptional accessibility to the Lafayette BART Station and Highway 24.
Flexible zoning allowing for several office uses and potential for residential development.
|Median HH Income||$130,461||$153,174||$140,280|
|No. of Households||3,777||23,320||66,494|
|Hwy 24, W of Oak Hill Rd/First St||192,200 ADT|
|Hwy 24, E of Oak Hill Rd/First St||209,000 ADT|
|Mt Diablo Blvd, W of Moraga Rd||17,500 ADT|
|Mt. Diablo Blvd, E of Moraga Rd||23,800 ADT|
|Moraga Rd, N of St Mary’s Rd||21,063 ADT|
|St Mary’s Rd, E of Moraga Rd||8,485 ADT|
|John Cumbelich||925.935.5400 x101|
|Sade Ghorban||925.935.5400 x110|