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

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Agreement. t. 4. Escrow. Agency agrees agrces to open are escrow at tha office Old Rcpilblic 'title Company, 555 1P Street, Suite 2150, Oakland, CA. 94607 California (the Escrow Agent) within five days from and after the date on which tire. Seller has approved this Agreement. This Agreement constitutes the joint escrow instructions of the Agency acid the Seller and a duplicate original of this Agreement shall be delivered to the, Escrow Agent upon the opening of the escrow. The Escrow Agent hereby is empowered to act. under this Agreement, and upon indicating its acceptance of this S etion 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the Agency and to the Seller within five days after; delivery of this Agreernen , shall carry out its duties as Escrow Agent hereunder. Agency agrees to bear and Escrow Agent is hereby authorized to charge to the Agency the cost of any transfer taxes, recording fees, cost of title insurance, reconvoyance fees, document ent preparation fees, escrow fees and an other closing costs incidental to the conveying of said real propewty to Agency. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of tie obligations imposed Ripon it under Section 4, Section 6, Section f I and Exhibit "B" of the General Provisions of this Agreement. 5. Proper Taxes. Such rea.1 property tees, if any, on said real property for the fiscal year withill which said real property is conveyed to Agency as are unpaid at the fime of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund tinder; Section 5096.7 of the Revenue and Taxation Code of the State of Califomia for that portion of property taxes o1i said real property for said fiscal year Nvhich have been paid prior to the date the deed conveying said real property to Agency is recorded which is allocable e to that portion of the fiscal year which begins on the date the deed conveying said real property to Agency is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all gears prior to the fiscal year widiin which said conveyance is made shall be paid by Seller before conveyance of said real propeily to Agency. 6. Pte, nlent of Purch Price. Agency agrees to pay to Seller, and Seller agrees to accept from Agency, as and for the full purchase price for said of .f real property site(s), fixtures & equipment (improvenients pertaining to the realty), goodwill if airy), severance dainagos, and relocation claims pursuant to Goveniment Code §7260 et sect., the total sum of four Inindred thousand Dollars And No/100 ($400,000-00). Agency agrees to deposit said purchase price in escrow with the Bscrow Agent within Thirty 3) days torn and after the date on which the Agency has approved this Agreement, and the Escrow Agent is hereby authorized to pay the sane to Seller upon and after: (a) Conveyance of said real property by Seller to Agency as hereinabo e provided; (b) Acceptance by Agency of a Grant feed conveying said real propeily to Agency; (c) to Agenoy of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said read property to Agency. 7. Possession. Seller agrees to deliver{ to Agency, on the date the Deed convoying said real property to Page 2 of f i Exhibit H