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LOUELLA MAY MCNEAL, LESLIE MAUREEN MCNEAL, MARLENE LEIGH MCNEAL AND JAMES H. MCNEAL III, CO-TRUSTEES OF THE J. WALTER SCHAEFER TESTAMENTARY TRUST - 2016
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LOUELLA MAY MCNEAL, LESLIE MAUREEN MCNEAL, MARLENE LEIGH MCNEAL AND JAMES H. MCNEAL III, CO-TRUSTEES OF THE J. WALTER SCHAEFER TESTAMENTARY TRUST - 2016
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2/27/2017 12:21:04 PM
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2/27/2017 12:20:43 PM
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LOUELLA MAY MCNEAL, LESLIE MAUREEN MCNEAL, MARLENE LEIGH MCNEAL AND JAMES H. MCNEAL III, CO-TRUSTEES
Contract #
A-2016-365
Agency
Public Works
Council Approval Date
12/6/2016
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Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, <br />and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: <br />(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 rents <br />will be prorated as of the close of escrow on the basis of a 30 -day month/365-day year consistent with <br />that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises <br />which are vacant as of the date that this agreement is executed by seller, or which may be vacated by <br />present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals <br />incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant <br />Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the <br />close of escrow shall be transferred to and become the property 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 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 contained <br />herein. <br />10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions <br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the <br />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 the threatened condemnation by the City regarding said real <br />property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if <br />any), and severance damages. <br />13. Acknowledgment of Full Benefits and Release. <br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, <br />successors and assigns, hereby acknowledges that this Agreement provides full payment for the <br />
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