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25K - AGMT - BRISTOL ST PHASE 4
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25K - AGMT - BRISTOL ST PHASE 4
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Last modified
11/10/2016 4:36:25 PM
Creation date
11/10/2016 4:29:53 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25K
Date
11/15/2016
Destruction Year
2021
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(a) Conveyance of said real property by Seiler 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 />9. 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 <br />consistent with that statement, subject to approval of City, Seller hereby agrees riot 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 pertalning 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 eral 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 />breach of said covenant or agreement nor a waiver of any breach 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 />assigns of the respective Parties hereto. <br />11. Time is of the Essence. In ail 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 <br />full 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 />25K-23 <br />
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