25F - AGMT PROPERTY EXCHANGE - Laserfiche WebLink

Home Browse Search

dodo nenta and sums, if any, as are necessary to close Escrow in conformance herewith. 3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to exchange the Properties as contemplated by this Agreement and the Close of Escrow is subject to eatisfacliun of twl, of the following condltlons: (a) All representatinns and warranties of each Party .aet. Forth in this Agreement s11a.11 he true and correct as of the date Of the Close of Escrow; (b) Each Party shall timely perform all obligations required by the terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deeds at the Close of Escrow and to issue the Title Policy to the receiving Party, effective as of the date and time the deed is recorded.; and, (d) No material adverse physical change to either Property, including those caused by condemnation and/or casualty, shall have occurred subsequent to the Effective Date and on or prior to the Closo of Escrow. 3,9 Close„of,EscrSL. The Escrow Agent is hereby authorized to close escrow upon and after ("Close of Escrow'): (a) Conveyance of the City Property by the City and, the Mendez Property by Mendez as hereinabove provided; (b) Acceptance by Mendez of a. Grant Deed conveying the City Property, and acceptance by the City of a Grant Deed conveying the Mendez Property, (c) Delivery to each Party of the policies of title Insurance as bereinabove provided-, (d) Recordation of the Grant Deed conveying the City Property and the Grant Deed cnnvaying the Mendez Property. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in either Property that cannot be resolved in Escrow, then either Party may, at its option, request cancellation of Escrow and this Agrccmant and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 4. Representations and Warranties 4.1 Representations and Warranties of Clty, City makes the following representations and warranties with respect to the City Property, each of which shall survive Close ofEsorcw; (a) The execution and delivery of this 'Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation Page 4 a£26 25F-10