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3. Purchase Price. The total purchase price for the City Property shall be <br />Three Hundred Fifteen Thousand and 00/100 Dollars ($315,000.00) (the 'Purchase <br />Price"), payable by Buyer to City as follows: <br />3.1 Deposit. No later than two (2) business days after the Execution <br />Date, Buyer shall deposit with Shelly Siegman, Senior Commercial Escrow Officer at First <br />American Title Insurance Company, 2755 Campus Drive, Suite 125, San Mateo, CA <br />94403 ("Escrow Holder") the sum of Twenty -Five Thousand and No/100 Dollars <br />($25,000.00) ("Deposit'). The Deposit shall be invested by Escrow Holder with a financial <br />institution acceptable to Buyer in a federally -insured interest-bearing demand account <br />and the Deposit and all interest accrued thereon shall be credited to the Purchase Price <br />upon Closing (as defined below). <br />3.2 Omitted. <br />3.3 Balance of Purchase Price. On or before the Closing, Buyer shall <br />deposit with Escrow Holder the balance of the Purchase Price, in immediately available <br />funds. <br />3.4 Disbursement of Purchase Price. At Closing, the Escrow Holder <br />shall pay to the City the Purchase Price, minus the Holdback Escrow Funds (as defined <br />in Section 8 below). <br />3.5 Time of the Essence. Time shall be of the essence with respect to <br />Buyer's obligations to pay the Deposit, the balance of the Purchase Price, and perform <br />all other obligations of Buyer under this Agreement. <br />4. Escrow. <br />4.1 Openinq of Escrow. Within five business days after the Execution <br />Date, Buyer shall open escrow ("Escrow") with Escrow Holder. Buyer and City agree to <br />execute and deliver to Escrow Holder, in a timely manner, any supplemental escrow <br />instructions necessary to consummate the transaction contemplated by this Agreement. <br />Any such supplemental instructions shall not conflict with, amend or supersede any <br />portion of this Agreement. If there is any inconsistency between such supplemental <br />instructions and this Agreement, this Agreement shall control. Escrow Holder shall, upon <br />receipt of a fully executed copy of this Agreement, sign and date the Receipt by Escrow <br />Holder attached hereto as Exhibit F, and distribute it to all Parties listed in the "Notices" <br />section of this Agreement. <br />4.2 Close of Escrow. For the purpose of this Agreement, the close of <br />escrow is the date that the Grant Deed is recorded in the Official Records of the County <br />of San Mateo ("Closing"), as described in Section 11. <br />5. Conditions of Title. The City Property shall be conveyed to Buyer by City <br />subject to all matters of record by a grant deed, substantially in the form attached hereto <br />as Exhibit E ("Grant Deed"). City shall remove or cause to be removed all monetary <br />lien(s), if any, that City caused to be created upon City Property prior to Closing. <br />OAK #4948-2211-8201 v3 <br />Page 3 of 29 <br />ATTY/AGR/2016.297/BUTLER MAIN STREET PURCHASE & SALE AGREEMENT FOR 4 REMNANT PROPERTIES <br />REV: 10-10-16 VR <br />