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80A - JOINT - ACQUISITION 1126-1146 WASHINGTON
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80A - JOINT - ACQUISITION 1126-1146 WASHINGTON
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Last modified
6/30/2016 4:16:59 PM
Creation date
6/30/2016 3:36:28 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
80A
Date
7/5/2016
Destruction Year
2021
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Document(s), it being understood that Buyer shall have no further recourse against Seller for such <br />disapproved Title Exception(s). <br />7. Seller's Conditions Precedent and Termination Right. The Closing and Seller's <br />obligations with respect to the transaction contemplated by this Agreement are subject to the timely <br />satisfaction or written waiver of the following condition precedent ( "Seller's Contingencies "), which <br />are for Seller's benefit only: <br />(a) Completion of Title Review. Seller shall have received written confirmation <br />from Buyer that Buyer has completed its review of title and that the condition of title is satisfactory. <br />(b) Confirmation Concerning Site. Seller shall have received written <br />confirmation from Buyer that Buyer has reviewed the condition of the Real Property, including <br />without limitation concerning Hazardous Materials, zoning and suitability, and approves the <br />condition of the Real Property. <br />(c) Confirmation Regarding Buyer's Title Policy. Seller shall have received <br />written confirmation from Buyer that Buyer has approved a pro forma title policy. <br />(d) Delivery of Documents. Buyer's delivery of all documents described in <br />Section 9, below. <br />Should any of Buyer's Contingencies not be met by the Outside Date and Buyer has <br />so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement. If this <br />Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this <br />Agreement) any escrow, title or other cancellation fees shall be paid by Buyer. <br />8. Seller's Deliveries to Escrow Holder. <br />(a) Seller's Delivered Documents. At least one (1) business day prior to the <br />Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, <br />duly executed and, where appropriate, acknowledged ( "Seller's Delivered Items "): <br />(i) Deed. The Grant Deed in the form attached hereto as Exhibit B (the <br />"Deed ") <br />(ii) FIRPTA /Tax Exemption Forms. The Transferor's Certification of <br />Non - Foreign Status in the form attached hereto as Exhibit C (the " FIRPTA Certificate"), together <br />with any necessary tax withholding forms, and a duly executed California Form 593 -C, as <br />applicable (the "California Exemption Certificate "). <br />(iii) Hazard Disclosure Report. Seller shall obtain and deliver to Buyer <br />or shall cause Escrow Holder to obtain and deliver to Buyer, at Seller's cost, a Natural Hazard <br />Report as provided for under Sections 1102 and 1 t03 of the California Civil Code (the "Natural <br />Hazard Report") on or before the Contingency Date. <br />(iv) Possession of Real Propert y. Possession of the Real Property free of <br />any tenancies or occupancy. <br />• ' 1 I <br />.� <br />
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