80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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requked in Us Agreement. 4. Agency agrees to open an escrow at the office of Old Republic Title Company, 555 12'h Strect, Suite 2150, Oakland, CA 94607 California (the acro r Agent) within five 5) days from and after the date on which the Seller has approved this Agreement. This Agreement conslitates the joint escrow instructions of th Agency and the Seller and a d pheate o ighial of this Agreement shall be delivered to the Escrow Agent upon the opening of the cro r. The Escrow Agent hereby i's empowered to act under this Agreement, and upon indicating its acceptance of this Sectioii 4 and of the General Provisions described in Fxhibit 1113" attached hereto and incorporated herein by this reference, in xwi ing, delivered to the Agency and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agvat heremder. Agency agrees to bear and Escrow Agent is hereby authorized to charge to t o Agency the cost of any transfer taxes, recording fees, oast of title insurance, recojaveyance fees, document preparation fees, escrow fees and an other closing costs incidental to the convoying of said areal property to Agency. Penalties for prepay nt of bona fide obligations scoured by any existing deed of trust or moi gage shall be waived pursuant to Civil Codc roc dores Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations unposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 51, r ! �.* Taxes, Such real property taxes, lvf any, on said real propel for the fiscal year vita wbich said real property is conveyed to Agency as are unpaid at the tune of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the Mate of California. Seller shall be eligible for a rend under Section 5096.7 of the Revenue and Taxation Codo of the Mate of California for that portion ofp opc* taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to Agency is recorded which is allocable to that portion of the fiscal year which beghis on the date the deed conveying said real property to Agency is recorded and made uncolle ti le if unpaid by reason of Seetion. 4986 of the Revenue and Taxation Code of the Mate of California. All unpaid taxes on said real property for any and all years prior to the fiscal year withinwhich said conveyance is rude shall be paid by Seller before convoyanco of said real property to Agency, 6. P*ment _ of Purchase Price, Agency agrees to pay to Seller, and Seller agrees to accept fi -one Agency, as and for the full purchase price for said (# of) I real property sites, Mures & equipment (improvements pertaining to the realty), goodwill if any), severance damages, and relocation claims pursuant to Gov n neat Cade §7260 ct seq., the total sum tAvo hundred and thirty thousand Dollars And Not ($230,000.00). Agency agrees to deposit said purchase price in escrow with the Escrow Agent within Thirty (30) days from and after the date on which the Agency has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to Agency as hereinal ove provided; (b) Aecopt nco by Agency of a Grant Deed conveying said areal property to Agency; (e) Delivery to Agency of the polio of title hiurace as herabove provided (d) Recordation of the Deed conveying said real property to Agenoy. 7. Possession. Seller agrees to deliver to Agency, on the date the Deed conveying said real property to Page 2 of 11 Exhibit H