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06-27-2018 Council Packet - final
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06-27-2018 Council Packet - final
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6 <br /> <br />9.3 Real Estate Taxes and Special Assessments. At Closing, the Purchase <br />Price shall be adjusted as follows: <br /> <br />9.3.1 Current Year's Taxes. In lieu of the costs Buyer will incur to bring utility <br />service to the Property, Seller will be responsible for the payment of all real property taxes <br />which have become a lien on the Property ("Taxes") and which are due and payable prior to <br />and during the year in which Closing occurs. Taxes payable in 2019 shall be the <br />responsibility of Buyer, subject to Provision 6. <br /> <br />9.3.2 Assessments. All charges for improvements or services already made to or <br />which benefit the Property, and all levied and pending assessments (general or special) <br />arising out of or in connection with any assessment district created or confirmed prior to <br />Closing Date ("Assessments") shall be paid in full by Seller at Closing. <br /> <br />9.3.3 Tax Amount Unknown. If the Closing shall occur before the tax rate is fixed <br />for the then current year, the apportionment of Taxes shall be made upon 110% of the most <br />current estimate of such Taxes [and Assessment installments], assuming for estimated <br />purposes that the Real Property is fully assessed. Seller shall deposit such sum in escrow <br />and all interest earnings on such deposit will be paid to Seller. Title will retain such deposit to <br />pay Seller's share of actual Taxes [and installments of Assessments (including interest) <br />payable therewith] and shall pay any excess over to Seller. [Seller will pay any deficiency <br />when such general real estate taxes and installments of special assessments (including <br />interest) payable therewith are known.] <br /> <br />9.4 Recording Costs. Seller will pay the cost of recording all documents <br />necessary to place record title in the condition warranted by Seller and requested by Buyer in <br />this Agreement. Buyer will pay the cost of recording all other documents. <br /> <br />9.5 Other Costs. All other operating costs of the Property will be allocated <br />between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other <br />operating costs payable before the Closing Date, and Buyer pays that part of such operating <br />costs payable from and after the Closing Date. <br /> <br />9.6 Attorney's Fees. Each of the parties will pay its own attorneys' fees, except <br />that a party defaulting under this Agreement or any closing document will pay the reasonable <br />attorneys' fees and court costs incurred by the non-defaulting party to enforce its rights <br />regarding such default. <br /> <br />10. Title Examination. Title examination will be conducted as follows: <br /> <br />10.1 Seller's Title Evidence. Seller shall within twenty (20) days after the date of <br />this Agreement, furnish to Buyer, at Seller's cost and expense, the following (collectively, <br />"Title Evidence"):
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