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PHAM, VERONIQUE
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Last modified
9/24/2021 10:42:11 AM
Creation date
2/4/2021 4:41:25 PM
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Contracts
Company Name
PHAM, VERONIQUE
Contract #
A-2021-006
Agency
Public Works
Council Approval Date
1/19/2021
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6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, <br />as and for the full purchase price for Said Real Property, temporary construction easement, fixtures & <br />equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total <br />sum of SIX HUNDRED NINETY THOUSAND DOLLARS (690,000). City agrees to deposit said purchase <br />price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City <br />has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon <br />and after: <br />(a) Conveyance of Said Real Property by Seller to City as hereinabove provided; <br />(b) Acceptance by City of a Grant Deed conveying said portion of Said Real Property to City; <br />(d) Delivery to City of the policy of title insurance as hereinabove provided; <br />(e) Recordation of the Deed conveying said portion of Said Real Property to City <br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property <br />to City is recorded, quiet and peaceful possession of said real property, which shall be made free by <br />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 three (3) days after close of escrow shall be <br />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 have <br />the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall <br />or Sheriff of Orange County to take physical possession of the Property in favor of the <br />City. Seller waives the right to have the City file an unlawful detainer action, as well as <br />waive the right to any hearing or any requirements for an application by City to obtain the <br />Writ of Possession and/or Assistance and waives any and all rights to object to the <br />issuance of said Writ if Seller does not vacate the Property by fourteen (14)days after <br />close of escrow. <br />8. 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 within <br />fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be <br />prorated as of the close of escrow on the basis of a 30-day month/365-day year consistent with that <br />statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which <br />are vacant as of the date that this agreement is executed by seller, or which may be vacated by present <br />occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by <br />keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits <br />pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow <br />shall be transferred to and become the property of City during 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 there <br />are no oral or written leases on all or any portion of the subject property exceeding a period of one month. <br />
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