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Pay all escrows and recordin9 fees incurred in this transaction <br />and, if title insurance is desired by the City of Pleasanton, tile <br />premium chat gud I herefor. <br /> <br />It iS understood that the City of Pleasanton in no way will be <br />obligated to pay escrow charges, title insurance fees or documentary <br />transfer taxes incurred in connection with the conveyance to the <br />grantor referred to in Clause 6 herein. <br /> <br /> 3. The grantor(s) shall retain possession of the property conveyed <br />up to and including the date of recording of the deed conveying title to the <br />City of Pleasanton upon compliance by the grantor(s) with the conditions of <br />this contract. All rents collected by grantor(s) applicable to any period thereafter <br />shall be paid to the City. Either party hereto collecting rents to which the other <br />party is entitled shall forthwith pay such amount to the other as is necessary to <br />comply with the provisions of this clause. <br /> <br /> 4. Grantor(s) warrant(s) that there are no oral or written leases on <br />all or any portion of the property exceeding a period of one month, and the <br />grantor(s) further agree(s) to hold the City of Pleasanton harmless and reimburse <br />the City of Pleasanton for any and all of its losses and expenses occasioned by <br />reason of any lease of said property held by any tenant of grantor(s) for a <br />period exceeding one month. <br /> <br /> 5. It is agreed and confirmed by the parties hereto that notwithstanding <br />other provisions of this contract, the right of possession and use of the subject <br />property by the City of Pleasanton including the right to remove and dispose of <br />improvements shall commence on November 1, 1984 or the recording of the deed, <br />whichever occurs first, and that the property referred to in Clause 6 herein <br />is considered full pa~nent for such possession and use including damages, if any <br />from said date. <br /> <br /> 6. The City of Pleasanton subject to approval of its City Council <br />shall deliver to tile County of Alameda, a political subdivision of the State of <br />California, a good and sufficient deed to the property outlined in red on the <br />sketch attached hereto and made a part hereof free and clear of all liens and <br />encumbrances except taxes and special assessments if any, easements, restrictions <br />and reservation of record. <br /> <br /> 7. Upoh completion of the project designated as the City of Pleasanton <br />gernal Avenue Underpass and opening of same to public travel, there will be presented <br />to the C~ty Council of the City of Pleasanton a customary form of resolution and <br />favorable recommendation covering vacation of portion of existing Bernal Avenue <br />adjacent to 9rantor's lands that will be superseded by the new construction. These <br />areas to be abandoned are more particularly outlined in green on the attached <br />sketch. <br /> <br />-2- <br /> <br /> <br />