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4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Insurance <br />Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) <br />within five (5) days from and after the date on which the City has approved this Agreement. This <br />Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original <br />of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to <br />close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to <br />close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of <br />third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request <br />cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. <br />Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and <br />terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer <br />shall be entitled to possession of the Property immediately upon close of Escrow. <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" attached hereto <br />and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five <br />(5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. <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, re -conveyance fees, document preparation fees, <br />escrow fees and any other closing costs incidental to the conveying of said real property to City. <br />Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage <br />shall be waived pursuant to Civil Code Procedures Section 1265,240. <br />The liability to the Escrow Agent under this Agreement is limited to performance of the obligations <br />imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of <br />this Agreement. <br />5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year <br />within which said real property is conveyed to City as are unpaid at the time of said conveyance shall <br />be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation <br />Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the <br />Revenue and Taxation Code of the State of California for that portion of property taxes on said real <br />property for said fiscal year which have been paid prior to the date the deed conveying said real <br />property to City is recorded which is allocable to that portion of the fiscal year which begins on the <br />date the deed conveying said real property to City is recorded and made uncollectible if unpaid by <br />reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent <br />that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely <br />responsible for obtaining any refund due thereon from the taxing authority. Upon written request, <br />Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case <br />shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. <br />All unpaid taxes on said real property for any and all years prior to the fiscal year within which said <br />conveyance is made shall be paid by Seller before conveyance of said real property to City. <br />6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from <br />City, as and for the full purchase price for said real property, the total sum of Five Hundred Ninety - <br />Five Thousand Dollars ($595,000). City agrees to deposit said purchase price in escrow with the <br />Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this <br />Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: <br />