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., <br />such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such <br />policy of insurance, whether such insurance complies with the requirements of this pazagraph or not, shall not <br />constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City <br />of any rights of action for damages or any other rights which may accrue to City by reason of the failure of <br />Seller to convey title or to provide title insurance as required in this Agreement. <br />4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company (the Escrow <br />Agent) 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 of this <br />Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. <br />The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this <br />Section 4 and of the General Provisions described in Exhibit "A" attached hereto and incorporated herein by this <br />reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, <br />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 transfer taxes, <br />recording fees, cost of title insurance, reconveyance fees, document prepazation fees, escrow fees and any other <br />closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide <br />obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures <br />Section 1265.240. <br />The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed <br />upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. <br />5. Pronertv Taxes. Such real property taxes, if any, on said real property for the fiscal yeaz within which <br />said real property is conveyed to City as aze unpaid at the time of said conveyance shall be cleared and paid in <br />accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. <br />Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of <br />California for that portion of property taxes on said real property for said fiscal yeaz which have been paid prior <br />to the date the deed conveying said real property to City is recorded which is allocable to that portion of the <br />fiscal year which begins on the date the deed conveying said real property to City is recorded and made <br />uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of Califomia. <br />All unpaid taxes on said real property for any and all yeazs prior to the fiscal year within which said conveyance <br />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, as and for <br />the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), <br />goodwill (if any) sevetance damages, and relocation claims pursuant to Government Code §7260 et seq., the total <br />sum of~~~~~~~~j„/~/~C!(~ ~~t~Sf~jr boi,LaRS Arm No/100 ($5~=l~,t`av ). City agrees to deposit <br />said purchase price in escro with the Escrow Agent within THIRTY (30) days from and after the date on <br />which 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) 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 />2 ~' <br />