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<br />. <br /> <br />monetary or non-monetary, general or specific, and Including any and all leasehold Interests), <br />liens, clouds or defects In 1I11e, excepting such speCific; ones as city may hereinafter expressly <br />agree to take subject to. Acceptance by City of any such policy of Insurance, whether such <br />insurance compiles with the requirements of this paragraph or not, shall not constitute il _Iver <br />by City of ils right to such insurance as is herein required of Sellar, nor a waiver by the City of <br />any rights of action for demages or any other rights which may ac;crue to City by reason of the <br />failure of Seller to convey title or to proVIde title Insurance as required in this Agreement. <br /> <br />4. Escrow. City agrees to open an escrOW at the office of LandAmerica Commercial <br />Services, 1920 Main Street,12"' Floor, (the Escrow Agent) within five (5) days from and after <br />the date on which the City has approved this Agreement. This Agreement consUtutes the Joint <br />escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be <br />delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within <br />of the City's execution of this Agreement. ~ PCl'"S- <br /> <br />The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its <br />acceptance of this Section 4 and of the General Provisions described In Exhibit "B" altactled <br />hereto and incorporated herein by this reference, in writing, delivered to the City and to the <br />Seller within five (5) days after delivery of this Agreement, shall carry out its duties at Escrow <br />Agent hereunder. <br /> <br />City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any <br />transfer taxes, recording fees, cost of title insurance, reconveyanca fees, document preparation <br />fees, escrow fees and any other closing costs Incidental to the conveying of said real property <br />to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust <br />or rhorlgage atu;lll be waived pursuant to eMI Code Procedures Section 1265.240. <br /> <br />The liability to the Escrow Agent under this Agreement Is limited to performance of the <br />obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "S" of the <br />General Provisions of this Agreement. <br /> <br />5. Prolll!rtv Tax... Such real property taxes, if any, on said real property for the fiscal <br />year WIthin whIch said real property Is convayed to City as are unpaid at the time of said <br />conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the <br />Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund <br />under Section 5096.7 of the Revenue and Taxation Code of the Stete of California for that <br />portion of property taxes on said rllal property for said fiscal year which have been paid prior to <br />the date the deed conveylng said real property to City is reCOrded WhIch 18 IIllocable to that <br />portion of the fiscal year which begins on the date the deed conveylng said real property to City <br />.15 reoorded and made uncollecUble If unpaid by reason of Section 4986 of the Revenue and <br />Taxation Code of the State'of California. All unpaid taxes on said real property for any and all <br />years prtor to the fIScal year within which said conveyance Is mllde ahall be paid by Seller <br />before conveyanca of said real property to City. <br /> <br />6. PaYment of Purchase Price. City agrees to pay to Seller; and Seller agrees to accept <br />from City, 1I$ and for the full purchase price for said real property, fixtures & equipment <br />(improvements pertaining to the realty), goodwill (If any), and severance damages, the total sum <br />of Nine Hundred Eighteen Thousand Nine Hundred Forty AND N0I100 ($918,940) City agrees <br />to deposit said purchase price In escrow with the Escrow Agent within Sixty (60) days from and <br />after tha date on which the City has approved this Agreement, and the Escrow Agent is hereby <br />authorized to pay the slime to Seller upon and attllr: <br /> <br />(a) Conveyance of said real property by Seller to City as hereinabove provided; <br /> <br />2 <br /> <br />m'd <br /> <br />I7S:~! 900Z ~ ^ON <br /> <br />S~9S-ll79-I7!l:xej 'lj a~ 9N3 - ~ S AllJ <br />