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8F Consent 2013 0506
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8F Consent 2013 0506
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Last modified
5/15/2013 10:41:39 AM
Creation date
4/30/2013 4:18:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/6/2013
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PERM
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_CC Agenda 2013 0506 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0506
Reso 2013-058
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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5 <br />recent tax bill available, including any property taxes which may be assessed after the close of <br />escrow but which pertain to the period prior to the transfer of title to the Property to City, <br />regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that <br />constitutes a lien on the Property at the close of escrow shall be assumed by City. Rents payable <br />under any land leases and any utility and sewer service charges shall be prorated as of the close <br />of escrow. <br /> <br />13. Relocation. At close of escrow, City will pay to Chamber the sum of Ten <br />Thousand Dollars ($10,000) to cover Chamber’s costs incurred in moving to the Office Parcel. <br />Chamber hereby agrees that the foregoing payment shall satisfy all obligations (if any) that City <br />may have pursuant to the California Uniform Relocation Act, Government Code Section 7260, et <br />seq. (the “Relocation Act”) and hereby knowingly and willingly waives all rights Chamber may <br />have to claim any additional benefits pursuant to the Relocation Act. Chamber further <br />acknowledges and agrees that it has carefully read the contents of the waiver and release set forth <br />in this Section and that, in executing this Agreement, it does so with full knowledge of any right <br />which it may have, that it has received independent legal advice from its attorneys, or in the <br />alternative, knowingly has determined not to seek legal advice with respect to the matter set forth <br />herein. Chamber hereby voluntarily and knowingly waives, releases and discharges forever City <br />from any claims for any such benefits. <br /> <br /> 14. Release. Chamber is aware of and familiar with the provisions of Section 1542 of <br />the California Civil Code which provides: <br /> <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE <br />TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE <br />MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. <br /> <br />As such relates to Section 13 of this Agreement, Chamber hereby waives and relinquishes all <br />rights and benefits which it may have under Section 1542 of the California Civil Code. This <br />Section 14 shall survive the close of escrow and the expiration or earlier termination of this <br />Agreement. <br /> ______________ <br /> Chamber Initials <br /> <br /> 15. City’s Conditions to Closing. The close of escrow and City’s obligation to purchase <br />the Chamber Property are conditioned upon: (i) the performance by Chamber of each obligation <br />to be performed by Chamber under this Agreement within the applicable time period, or the <br />waiver by City of such obligation; (ii) Chamber’s representations and warranties contained in this <br />Agreement being true and correct as of the date hereof and the close of escrow; (iii) the <br />commitment by Title Company to issue and deliver the Title Policy, subject only to the Permitted <br />Exceptions; and (iv) City’s approval of the condition of the Chamber Property pursuant to <br />Section 16.
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