Item 36 - Partial Real Property Acquisition for Fairview Bridge Replacement and Street Improvements

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(b) Acceptance by City of an Easement Deed (Line of Sight) conveying said portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Easement Deed (Line of Sight) conveying said portion of real property interest to City. 7. Possession. a. Seller agrees to deliver to City, on the date the Easement Deed (Line of Sight) conveying said real property interest to City is recorded, quiet and peaceful possession of said real property interest, which shall be made free by Seller of all personal property. b. The Temporary Construction Easement shall be for a period of twenty-four (24) months (the "TCE term"). The TCE Term shall commence upon the close of escrow and payment to Seller of the amount in Clause 6 above. Seller shall be provided at least thirty (30) days written notice prior to commencement of work within the TCE. Seller agrees to keep the TCE area free and clear of all materials, shrubbery, crops, improvements, and debris during the TCE term. Seller further agrees that the cost of removal of any materials, shrubbery, crops, or improvements, that are installed during the TCE term shall be the sole responsibility of Seller. c. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the property interests by the City, including the right to remove and dispose of improvements, shall commence on the close of escrow date and when the amount of funds as specified in Clause 6 above are paid to the Seller. The amount shown in Clause 6 herein, includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 8. Rental and Occupancy By Seller. INTENTIONALLY DELETED 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property interest and includes payment for fixtures & equipment (if any) (improvements pertaining to the realty), goodwill (if any), and severance damages.