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r <br />(5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes <br />the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be <br />delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within on or before <br />~IJL`(Z7, ZCX~](lnsert date of 120 from sel%rs signature date.) <br />The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of <br />this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein <br />by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this <br />Agreement, 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 preparation fees, escrow fees and any <br />other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona <br />fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code <br />Procedures 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. Property T`. Such real property taxes, if any, on said real property for the fiscal year within which <br />said real property is conveyed to City as are 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 year 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 California. <br />All unpaid taxes on said real property for any and all years 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 <br />and for the full purchase price for said real property, improvements pertaining to the realty and business goodwill <br />(if any), the total sum of SIX HUNDRED AND EIGHTY THOUSAND DOLLARS ($680,000). City agrees to <br />deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date <br />on 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 />(c) Delivery to City of the policy of title insurance as hereinabove provided; <br />(d) Recordation of the Deed conveying said real property to City. <br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City <br />is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all <br />personal property. <br />8. Rental and Occuoancv By Seller. Seller agrees to execute a complete, current and correct statement <br />of rentals (Estoppel Certificate) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen <br />(15) days hereof with copies of any written leases or rental agreements attached thereto. All rents will be <br />prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, <br />subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, <br />or which may be vacated by present occupants prior to close of escrow. Any and all Tenant Security Deposits <br />2 <br />