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<br />title, excepting such specific ones as city may hereinafter expressly agree to take subject to. <br />Acceptance by City of any such policy of insurance, whether such insurance complies with the <br />requirements of this paragraph or not, shall not constitute a waiver by City of its right to such <br />insurance as is herein required of Seller, nor a waiver by the City of any rights of action for <br />damages or any other rights which may accrue to City by reason of the failure of Seller to <br />convey title or to provide title insurance as required in this Agreement. . L -L L: ~~ <br />=" - VlIIU~D'~ <br />4. Escrow. City agrees to open an escrow at the office of First American Title surance <br />Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) withi days <br />from and after the date on which the City has approved this Agreement. This Agreement <br />constitutes the joint E;scrow 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. Escrow to <br />~ close within ~ of the City's execution of this Agreement. <br />~&~ <br /> <br />The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its <br />acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached <br />hereto and incorporated herein by this reference, in writing, delivered to the City and to the <br />Seller within f~ days after ,delivery of this Agreement, shall carry out its duties as Escrow <br />Agent hereunder. '?" -5.ft, ..u.-l->6wl/. ~b- <br /> <br />City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any <br />transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation <br />fees, escrow fees and any other closing costs incidental to the conveying of said real property <br />to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust <br />or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. <br /> <br />The liability to the Escrow Agent under this Agreement is limited to performance of the <br />obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the <br />General Provisions of this Agreement. <br /> <br />5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year <br />within which said rea~ property is conveyed to City as are unpaid at the time of said conveyance <br />shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and <br />Taxation Code of the State of California. Seller shall be eligible for a refund under Section <br />5096.7 of the Revenue and Taxation Code of the State of California for that portion of property <br />taxes on said real property for said fiscal year which have been paid prior to the date the deed <br />conveying said real property to City is recorded which is allocable to that portion of the fiscal <br />year which begins on the date the deed conveying said real property to City is recorded and <br />made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of <br />the State of California. All unpaid taxes on said real property for any and all years prior to the <br />fiscal year within which said conveyance is made shall be paid by Seller before conveyance of <br />said real property to City. <br /> <br />6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept <br />\, !rom City, as and for the full purchase price for said real property, fixtwFEl8 g, 8E1wi~FR8Rt <br />~oe-~~:;;:~,,::::~ ~9~:i~~~ ~~..!.~~ ~~'~, ~~.'i~ (~ ~RY), 88'/8FaREl8 aaFRagee, aRa FeleeatieFl- <br />99~ofit6 falJFSUGlAt to CeVerFlff1eFlt Code S72C€I tot Jeq., the total sum of FIVE HUNDRED FIFTY <br />THOUSAND DOLLARS AND No/100 ($550,000). City agrees to deposit said purchase price in <br />escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the <br />City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same <br />to Seller upon and after: <br /> <br />(a) Conveyance of said real property by Seller to City as hereinabove provided; <br />