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AgdaPkt 2021.02.08 Joint SA PFA
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AgdaPkt 2021.02.08 Joint SA PFA
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Last modified
2/11/2021 4:35:44 PM
Creation date
2/4/2021 4:26:17 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
2/8/2021
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8.A. - Page 26 of 154 <br />5.2. Insurance. Insurance policies for fire or casualty are not to be transferred, <br />and Developer and City may only each cancel its own policies with respect to the Maple Street <br />Vacation Area and Public Right -of -Way and Public Service Easement Area, if any, after Close of <br />Escrow. <br />5.3. Escrow Account. All funds received in the Escrow shall be deposited with <br />other escrow funds in a general escrow account(s) and may be transferred to any other escrow <br />trust account in any state or national bank doing business in the State of California. All <br />disbursements shall be made by check or wire transfer from such account. <br />6. Taxes. <br />6.1. Delinquent Taxes. Escrow Agent shall pay and charge Developer for any <br />unpaid delinquent property taxes, assessments or bonds and/or penalties and interest thereon, <br />payable with respect to the Public Right -of -Way and Public Service Easement Area due and <br />payable prior to the Close of Escrow. <br />6.2. Current Taxes. Developer shall remain obligated to pay all property taxes <br />and assessments payable with respect to the Public Right -of -Way and Public Service Easement <br />Area up to the Close of Escrow. Developer shall have the right, after Closing, to apply to the San <br />Mateo County Tax Collector for refund of any excess property taxes which have been paid by <br />Developer with respect to the Public Right -of -Way and Public Service Easement Area. Upon <br />Closing, Developer shall be obligated to pay all future property taxes and assessments payable <br />with respect to the Maple Street Vacation Area. <br />7. Escrow Agent Authorization. Escrow Agent is authorized to, and shall: <br />7.1. Charge Cily. Charge City for City's share of Escrow fees, recording fees <br />and other costs and expenses of Escrow payable under Section 7.7 below. <br />7.2. Charge Developer. Charge Developer for transfer taxes, if any, due in <br />connection with the Exchange; and (ii) Developer's share of Escrow fees, recording fees and <br />other costs and expenses of Escrow payable under Section 7.7 below. <br />7.3. Recordation and Delivery. When conditions of the Escrow have been <br />fulfilled by City and Developer, record the Maple Street Quitclaim Deed and the Acceptance of <br />Irrevocable Offer, and deliver the title policy (ies) and the Non -Foreign Transferor Declarations to <br />City and Developer. <br />7.4. Time Limits. All time limits within which any matter specified is to be <br />performed may be extended by mutual agreement of the Parties. Any amendment of, or <br />supplement to, any instructions must be in writing. <br />7.5. Time of the Essence. TIME IS OF THE ESSENCE IN THESE <br />INSTRUCTIONS AND ESCROW IS TO CLOSE ON OR BEFORE JUNE 1, 2021. If this <br />Escrow is not in condition to close by such date, then the Party who has fully complied with this <br />Agreement may, in writing, demand the return of its money or property; provided, however, no <br />demand for return shall be recognized until five (5) days after Escrow Agent shall have mailed <br />copies of demand to all other Parties at the respective addresses shown in Section 19, below, and <br />if any objections are raised within such five (5) day period, Escrow Agent is authorized to hold all <br />REV: 01-21-20201 PR <br />ATTYIAGR.2021.01111548 Maple LLC (Page 4 of 25) 238 <br />
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