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25F - AGMT PROPERTY EXCHANGE
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25F - AGMT PROPERTY EXCHANGE
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2/15/2018 5:59:37 PM
Creation date
2/15/2018 5:52:23 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
2/20/2018
Destruction Year
2023
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appraised value of the subject property, insnring the title to said real property is free and <br />clear of any and all conditions, restrictions, reservations, exceptions, easements, <br />assessments, profits, limitations, encumbrances (whether monetary or non -monetary, <br />general or specific, and including any and all leasehold interests), liens, clouds or detects in <br />title, excepting such specific ones as the reeeiAug Party may hereinafter expressly agree to <br />take subject to, Acceptance by the receiving Party of any such policy of insurance, whcthcr <br />such insurance complies with the requirements of this paragraph or .not, shall not constitute <br />a waiver by the receiving Party of its right to such insurance as is herein required of the <br />granting Party, nor a waiver by the receiving Party of any rights of action for damages or <br />any other rights which may accrue to the receiving Party by reason of the failure of the <br />giving Party to convey title or to provide title Insurance as required in this Agreement. <br />3.6 Property Taxes, <br />(a) Such real property taxes, if any, on the subject real properties for the fiscal year <br />within which said real property is conveyed to the receiving Party as are unpaid at <br />the tithe of said conveyance shall be cleared and paid in accordance with the <br />provisions of Section 4986 of the Revenue and Taxation Code of the State of <br />Calâ˘fbmia. <br />(b) The granting Party shall be eligible 'for a refund under Section 5096.7 of the <br />Revenue and Taxation Code of the State of California for that partlon of property <br />taxes on said real property for said fiscal year which have been paid, prior to the <br />date the deed conveying said real property to the receiving Party is recorded which <br />is allocable to that portion of the fiscal year which begins on the date the decd <br />conveying said real property to the receiving Party is recorded andmade <br />uncollcctiblo if unpaid by reason of Section 5086 of the Revenue and Taxation <br />Code of the State of California. To the extent that the granting Party has prepaid <br />any taxes or assessments attributable to the subject real property, the granting Party <br />shall be solely responsible for obtaining any refund due thereon from the taxing <br />authority. Upon written request, the receiving Party shall assist the granting Party, <br />at the granting Party's sule cost, in obtaining said mound, if any; however, in no <br />case shall the receiving Party credit or otherwise pay the granting Party for that <br />refund, if any, through or cumide of Escrow. <br />(c) All, unpaid taxes on either property for any and all years prior to the fiscal year <br />within which said convoyanoe is made shall be paid by the granting Party before <br />conveyance of said real property to the receiving Party. <br />3,7 Deposit of Funds and Documents, <br />(a) prior to Close of Escrow,, the Parties shall deposit into Escrow (i) all escrow and <br />Closing Costs as described above; and (ii) such other documentation as is necessary <br />to close Escrow; <br />(b) Prior to the Close of Escrow, each Party shall deposit into Escrow (i) the properly <br />executed grant deed for conveyance of each Property; (ii) a duly oxecuted bill of <br />sale, assignment and assumption agreement with respect to the tangible and <br />intangible personalproperty included In each Property; and (iii) such other <br />Page 8 of 26 <br />25F-9 <br />
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