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20A - AA - PURCHASE AND SALE OF CITY OWNED PROPERTY
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10/20/2015
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20A - AA - PURCHASE AND SALE OF CITY OWNED PROPERTY
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10/15/2015 5:16:39 PM
Creation date
10/15/2015 4:53:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
20A
Date
10/20/2015
Destruction Year
2020
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certificate shall evidence that Buyer has obtained a policy or policies of comprehensive <br />general liability and property damage insurance against loss, damage or liability for injury to <br />or death of any person, or loss or damage to property occurring in or about the Property. <br />Such insurance shall include comprehensive general liability coverage for bodily injury and <br />property damage in the amount of at least $1,000,000.00 combined single limit, and shall <br />include automobile liability coverage for bodily injuryand property damage in the amount of <br />at least $1,000,000.00 combined single limit. The foregoing policyor policies shall contain a <br />provision that such policy or policies will not be cancelled, reduced in coverage, renewed or <br />otherwise amended in any manner until at least thirty (30) days prior written notice has <br />been given to Seller. Buyer shall see that insurance coverage as provided in this <br />paragraph is maintained throughout the duration of Buyer's right of entry onto the Property. <br />3. REPRESENTATIONS AND WARRANTIES OF PARTIES <br />3.1 Representation and Warranties of Seller <br />Seller makes the following representations and warranties with respect to the <br />Property, each of which shall survive Close of Escrow: <br />(a) The execution and delivery of this Agreement by Seller, Seller's <br />performance hereunder, and the consummation of the transaction contemplated hereby will <br />not constitute a violation of any order or decree or result in the breach of any contract or <br />agreement to which Seller is at present a party or by which Seller is bound; and <br />(b) To Seller's actual knowledge, no litigation and no governmental, <br />administrative or regulatory act or proceeding regarding the environmental, health and <br />safety aspects of the Property is pending, proposed or threatened; and <br />(c) Seller will not enter into any agreements or undertake any new <br />obligations prior to Close of Escrow which will in any way burden, encumber or otherwise <br />affect the Property without the prior written consent of the Buyer; and <br />(d) Seller, as a government agency, has not been subject to real <br />property tax assessment on the property. Transfer of title to Buyer at the Close of Escrow <br />will subject the Property to an assessment from the Orange County Office of the Assessor <br />and shall be the obligation of the Buyer henceforth; and <br />(e) Seller is aware of its obligation under California Health and <br />Safety Code Section 25359.7 to disclose any knowledge which they may have regarding <br />any release of Hazardous Substances (as defined by applicable federal, state and local <br />statutes, rules and regulations) upon or under the Property. Seller warrants and represents <br />to Buyer that Seller is not aware that any such Hazardous Substances have been <br />generated, stored or disposed of upon or under the Property. <br />3.2 Representations and Warranties of Buyer <br />Buyer makes the following representations and warranties with respect to the <br />Property, each of which shall survive Close of Escrow. <br />20A -18 <br />
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