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Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Tenant as are unpaid at the time 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. City shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to Tenant is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to Tenant 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 years prior to the fiscal 1'. Payment of Purchase Price. Tenant agrees to use the proceeds it would be entitled to under paragraph la towards the purchase price of the Surplus Property. Tenant agrees to deposit the remainder of the purchase price in the stun of FORTY NINE THOUSAND FOUR HUNDRED EIGHTY TWO AND NO1100 DOLLARS ($49,482) in the Escrow with the Escrow Agent within TEN (10) days from and after the date on which the City has signed this Agreement, and the Escrow Agent is hereby authorized to pay the same to City upon and after: Conveyance of said Surplus Property by City to Tenant as hereinabove provided; Delivery to Tenant a policy of title insurance as hereinabove provided; Recordation of the Grant Deed conveying said Surplus Property to Tenant. g Possession. City agrees to deliver to Tenant, quiet and peaceful possession of said Surplus Property, conditional upon Bristol Drug Co. vacating the lower first floor of the building, located on Property. Tenant agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from Bristol Drug Co. occupancy as it relates to the Surplus Property. h. Vacating Date. Tenant agrees to vacate Property on or before June 30, 2011. i. Payment of the consideration referenced in section 1 of this ASA, shall constitute full satisfaction of any and all of City's obligations to compensate Tenant. J As a matter of record, the compensation paid to Tenant in accordance with this ASA shall be proportioned in the following amounts: Relocation benefits shall equal $128,000. Payment for any loss of furniture, fixtures and equipment, All Inclusive Settlement Agreement Page 3 ol'9