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POPOCA, SANTOS BAHENA AND POPOCA, PETRA
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POPOCA, SANTOS BAHENA AND POPOCA, PETRA
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10/5/2020 2:55:13 PM
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10/5/2020 2:54:14 PM
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Contracts
Company Name
POPOCA, SANTOS BAHENA AND POPOCA, PETRA
Contract #
A-2020-163
Agency
Public Works
Council Approval Date
8/18/2020
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(a) Conveyance of said real property by Seller to City as hereinabove provided; <br />(b) Acceptance by City of a Grant Deed conveying said real property to City; <br />(c) Delivery to City of the policy of title insurance as hereinabove provided; <br />(d) Recordation of the Dead conveying said real property to City. <br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real <br />property to City is recorded, quiet and peaceful possession of said real property, which shall be made <br />free by Seller of all personal property. <br />a. No later than fourteen (14) days after close of escrow, Seller shall have removed all <br />merchandise, inventory, equipment, personal property, and/or removable trade fixtures <br />from the Property. Any merchandise, inventory, equipment, personal property, and/or <br />removable trade fixtures at the Property as of fourteen (14) days after close of escrow <br />shall be deemed abandoned by Seller on that date. <br />b. if Seller does not vacate the Property by the above stated date, the Seller agrees to <br />have the Court immediately issue a Writ of Possession and/or Assistance, directing the <br />Marshall or Sheriff of Orange County to take physical possession of the Property in <br />favor of the City. Seller waives the right to have the City file an unlawful detainer <br />action, as well as waive the right to any hearing or any requirements for an application <br />by City to obtain the Writ of Possession and/or Assistance and waives any and all <br />rights to object to the issuance of said Writ if Seller does not vacate the Property by <br />fourteen (14) days after close of escrow. <br />8. Holdover Seller. At the sole discrepancy of the City, the City may allow the Seller to stay <br />beyond the three days after the close of escrow as stated in Section 7a. In doing so, the Seller will <br />become a Holdover Seller, and will be required to sign an interim rental agreement. Said rental <br />agreement will provide the rental rate and terms of the lease. If the City or its agents fail to provide <br />said rental agreement to Seller and Seller is still in occupancy of the Property after the three days <br />after the close of escrow, then Seller is responsible to contact the City or its agents, to determine as <br />to where to send their rent payment. Failure of City or its agents to present the interim rental <br />agreement to Seller does not absolve the Seller from paying rent. <br />9. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct <br />statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City <br />within fifteen (16) days hereof with copies of any written leases or rental agreements attached. All <br />rents will be prorated as of the close of escrow on the basis of a 30-day month/365-day year <br />consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units <br />on the premises which are vacant as of the date that this agreement is executed by seller, or which <br />may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse <br />seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any <br />and all Tenant Security Deposits pertaining to the subject property collected by or in the possession <br />of Seller prior to the close of escrow shall be transferred to and become the property of City during <br />escrow, <br />Seller hereby warrants that the rental statement referred to shall include the terms of all rental <br />agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to <br />hold City harmless from all liability from any such leases or agreements. Seller also warrants that <br />there are no oral or written leases on all or any portion of the subject property exceeding a period of <br />one month. <br />10. Walvem The waiver by City of any breach of any covenant or agreement herein contained <br />
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