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SA 2017-001
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SA 2017-001
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EXHIBIT A TO EXHIBIT 4 <br />BUYER'S INITIALS SELLER'S INITIALS <br />(e) Closine. For purposes of this Agreement, the "Closing" or "Closing Date" shall <br />be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which <br />the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur <br />on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant <br />to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing <br />Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the <br />other at any time after the outside Closing Date (i.e. the Outside Date); provided, however, that if either <br />party is in default under this Agreement at the time of such termination, then such termination shall <br />not affect the rights and remedies of the non -defaulting party against the defaulting party. <br />4. Seller's Delivery of Real Property and Formation Documents. Within ten (10) days <br />after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the Property <br />Documents"): <br />(a) Such reasonable proof of Seller's authority and authorization to enter into this <br />Agreement and to consummate this transaction consistent with the terms of this Agreement, including <br />without limitation approval of the Oversight Board of the sale of the Real Property by Seller to Buyer. <br />(b) To the extent in the possession of Seller, all materials related to pending or <br />threatened litigation involving the Real Property, including correspondence, complaints, court orders, <br />settlements, and judgments to the extent such matters are within the actual knowledge of the Executive <br />Director of the Successor Agency, no investigation with respect thereto having been undertaken. <br />In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard <br />Report as provided for under Sections 1102 and 1103 of the California Civil Code (the "Natural Hazard <br />Report") within twenty (20) calendar days after the Opening of Escrow, but in no event later than the <br />thirtieth (30`x') day after the Effective Date. Buyer has previously received and reviewed the Rental <br />Agreement; Seller need not provide Buyer with a copy of the Rental Agreement. <br />5. Buyer's Right of Entry. From and after the Opening of Escrow through the earlier to <br />occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise <br />agreed in writing by Seller prior to entry is effected, Buyer and Buyer's employees, agents, consultants <br />and contractors shall have the right to enter upon the Real Property during normal business hours, <br />provided reasonable prior notice has been given to Seller. <br />(a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall <br />have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to make such <br />evaluations, inspections, tests or investigations as Buyer deems necessary or appropriate, including <br />any "Phase 1" or "Phase 2" investigations of the Real Property. If, based upon such evaluations, <br />inspections, tests or investigations, Buyer determines that it, in its sole discretion, does not wish to <br />proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may <br />cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title <br />Contingency Date. Furthermore, if Buyer does not approve in writing this Agreement by the time <br />allowed under this Section 5, Buyer shall be deemed to have disapproved the evaluations, inspections <br />and tests as provided herein and to have elected not to proceed with this transaction on the terms and <br />
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