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25K - AGMTS - BRISTOL PHASE 4
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25K - AGMTS - BRISTOL PHASE 4
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Last modified
7/28/2016 3:36:00 PM
Creation date
7/28/2016 2:49:08 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25K
Date
8/2/2016
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 <br />property to City is recorded, quiet and peaceful possession of said real property, which shall be made <br />free by Seller of all personal property. <br />a. No later than three (3) days after close of escrow, Seller shall have removed all <br />merchandise, inventory, equipment, personal property, and /or removable trade fixtures <br />from the Property. Any merchandise, inventory, equipment, personal property, and /or <br />removable trade fixtures at the Property as of three days after close of escrow shall be <br />deemed abandoned by Seller on that date. <br />b. If Seller does not vacate the Property by the above stated date, the Seller agrees to <br />have the Court immediately issue a Writ of Possession and /or Assistance, directing <br />the Marshall or Sheriff of Orange County to take physical possession of the Property <br />in favor of the City. Seller waives the right to have the City file an unlawful detainer <br />action, as well as waive the right to any hearing or any requirements for an application <br />by City to obtain the Writ of Possession and /or Assistance and waives any and all <br />rights to object to the issuance of said Writ if Seller does not vacate the Property by <br />three (3) days after close of escrow. <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 /355 -day year <br />consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units <br />on the premises which are vacant as of the date that this agreement is executed by seller, or which <br />may be vacated by present occupants prior to close of escrow. In return, the City agrees to <br />reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller <br />agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in <br />the possession of Seller prior to the close of escrow shall be transferred to and become the property <br />of City during escrow. <br />Seller 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 <br />there are no oral or written leases on all or any portion of the subject property exceeding a period of <br />one month. <br />9, Waivers. The waiver by City of any breach of any covenant or agreement herein contained <br />on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other <br />broach of said covenant or agreement nor a waiver of any broach of any other covenants or <br />agreements 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 <br />25K -49 <br />
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