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25L - AGMT - BRISTOL PHASE 4
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25L - AGMT - BRISTOL PHASE 4
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6/20/2016 10:19:22 AM
Creation date
6/16/2016 4:19:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25L
Date
6/21/2016
Destruction Year
2021
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(a) Conveyance of said real property by Seller to City as hereinabove provided <br />(b) Acceptance by City of a Grant Deed conveying said real property to City; <br />(c) Delivery to City of the policy of title insurance as hereinabove provided; <br />(d) Recordation of the Deed conveying said real property to City, <br />7. Possession, Seller agrees to deliver to City, on the date the Deed conveying said real property <br />to City is recorded, quiet and peaceful possession of said real property, which shall be made free by <br />Seller of all personal property. <br />8. Rental and Occupancy By Seller, Seller agrees to execute a complete, current and correct <br />statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City <br />within fifteen (15) days hereof with copies of any written leases or rental agreements attached, All <br />rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent <br />with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the <br />premises which are vacant as of the date that this agreement is executed by seller, or which may be <br />vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller <br />lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all <br />Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller <br />prior to the close of escrow shall be transferred to and become the property of City during escrow. <br />Seiler hereby warrants that the rental statement referred to shall include the terms of all rental <br />agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to <br />hold City harmless from all liability from any such leases or agreements. Seller also warrants that there <br />are no oral or written leases on all or any portion of the subject property exceeding a period of one <br />month. <br />9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on <br />the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of <br />said covenant or agreement nor a waiver of any breach of any other covenants or agreements <br />contained herein. <br />10. Heirs, Assigns, Successors -in- Interest, This PSA, and all the terms, covenants and <br />conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns <br />of the respective Parties hereto. <br />11. Time is of the Essence. In all matters and things hereunder to be done and in all payments <br />hereunder to be made, time is and shall be of the essence. <br />12. Just Compensation. Seller acknowledges and agrees that said purchase price is just <br />compensation at fair market value for said real property. <br />13. Acknowledgment of Full Benefits and Release <br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, <br />administrators, successors and assigns, hereby acknowledges that this Agreement provides full <br />payment for the acquisition of the Property by Buyer, and Seller hereby expressly and <br />unconditionally waives any claim for compensation for injury to the remainder ( "severance <br />damages "); precondemnation damages; claims for inverse condemnation; loss or impairment <br />of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to <br />the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the <br />25L -21 <br />
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