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

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which may accrue to Agency by reason of the failure of Seller to convey title or to provide title insurance as required In this Agreement. 4. Escrow. Agenoy agrees to open an escrow at the office of Old e bli Title Cop y, 2 Street Suite Oakland CA 94607 California (the, Fsorow Agent) witbin five days from and after the dato on Nvhrch the Seller bas approved this Agreement. This Agreement constitutes thejort escrow instructions of the Agency and the Seller and a duplicate original of this Agreement shall be delivered to the Fscrow Agent upon the opening of the ascrv. v Agent here is empowered to act under this Agreement, and upon lndi a i g its Oc pta ce of this The er g � , t t . Lion and of the, General Provisions deson"bed Exhibit "B" attached hereto and incorporated hereixr y this Section e in �t delivered o the Agency and to the Seller within five days after delivery o this reference, g� Agreement, shah carry out its duties as Escrow Agent hereunder► Agency agrees to bear and 33scrow Agent is hereby authorized to charge to the Agency the cost of any transfer taxes �reeordzr fees, cost of title t�.ran e, =nveyance fees, document preparation. fees, escrow Fees and any other' #closing eons iuioide t l to the conveying of said real propel to Agency. Penalfics for prepayment of bona fide obligations secured by any existing deed of Est or mortgage shall be waived pursuant to Civil Code procedures Section 1265.240. The llabiiit Y i� to the Escrow Agent under #his Agreement is ted to perfon a ce of thO obligations iwWsCed on it under Section 4. Section 6, Section 11 and Exhibit "B" of 1110 General Provisio n Of this Agreement. proa doh read roprty maces, i any, o said Teal proper for the seal year withinrhieh 5. '..,.. ,. - -- a cleared and aid said reel property is conveyed to Agenoy as are unpaid t the time of said conveyance shall b p +p in accordance with the provisions o Section 4986 � he Revenue, and Tax tion Code o 't a State off` if rrda. Seller shall be eligible for a refbnd under Seo ion 50963 of the Revemie and Taxation Code of the State of cif rnia for that onion of property taxes on said real property for said fiscal year which have been paid pear o p p to the date the deed conveying said real property to Agency is recorded which is allocable to that portion of the fiscal year which begins on tho date the deed onv OYI * g said real property to Agency is recorded and made. collectible if unpaid by Treason of Section 4986 of fire Revenue and Taxation Code of the State of California. All unpaid taxes on said real properly for any and all gears prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to . ge ey. 6. eat of purchase Price. Agency agrees t pair to Seller, and Seller agrees t accept front Agency. as and for the fall purchase price for said ol) l real property sites, ftWxes & eqalipMent OmPrOvemcnts ert� t the Teal , goodwill (if any , severance damages, and relocation claims pursuant t Government Code p g � et seq,, the total sutra one unfired and een thousand l oll s And No $i 15,000.00). Agency §7260 in days from and after agrees t deposit said purchase price in a oro with the Escrow Agent within y y � ' the ��o� Agent i here authoed to pay the date on which the Agency has approved tbl Agreement, and y the same to Seller upon and after: (a) Conveyance of said real property by Seller to Agency as herinabove provided; (b) Acceptance by Agency of a rant Deed conveying said Teal property to Agency; (c) Delivery to Agency of th policy of title insurance as here' a ove provfded; (d) Recordation of the Deed onv ' g said real property to ,Agency. Page 2 of I Exhibit H