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Item 25 - Warner Avenue Street Improvements (Oak Street to Grand Avenue)
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09/21/2021 Regular and Special
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Item 25 - Warner Avenue Street Improvements (Oak Street to Grand Avenue)
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
25
Date
9/21/2021
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obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such <br />request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to <br />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 acceptance <br />of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated <br />herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery <br />ofthin Agreement, L-knil i-orri ru 0 i+n ftflonn no [=no -row A tsnf konmni mrieNr <br />-- , Zj. -- I —"., �"' y W", .-� " .. -- -- --- 1 .901 11 ..�' �-. I--,. <br />City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer <br />taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow <br />fees and any oth&-,bIbaihg 66,bts indd6nt6l to M d6fiVeyihg of Said R,6;§l W6p6ft-y to City. Nhalms 'For <br />prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived <br />pursuant to Civil Code Procedures Section i265.240. <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 "C" of the General Provisions of this <br />Agreement. <br />Seller is not responsible for payment of any escrow fees, costs or expenses. <br />5. Properly Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within <br />which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be, <br />cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code <br />Of. the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and <br />Taxation Code of the State of California for that portion of property taxes on Said Real Property for said <br />fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is <br />recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying <br />Said 14661 Ptbo&fty t6 City is r6d6ed6d 6hd Mode Und-61166tibI6 If Unp6id by r6otohi of S6i)-fiw 5086 6f M <br />Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or <br />assessments attributable to the Property', Seller shall be solely responsible for obtaining any refund due <br />thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in <br />obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, <br />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 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 Seven Thousand, Two Hundred and 001100 Dollars ($7,200.00). City agrees to deposit said <br />purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which <br />the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to <br />Seller upon and after: <br />(a) 06h;veyah66 6f Said 1116al Property by Geller W Ci'ty as h6e6iha66V6 provided; <br />(b) Acceptance by City of a Ouitclairn Deed conveying said portion of Said Real Property to City; <br />(c) Acceptance by City of a Temporary Construction Easement to City; <br />
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