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Code, if unpaid at the close of escrow, and except as the City <br /> shall specifically agree to such encumbrances or easements prior <br /> to the close of escrop as permitted by Paragraph 7 (b) . <br /> 4 . Fence Removal. Within Thirty (30) days from execution of <br /> this Agreement and subject to City staking the new property line, <br /> Owner agrees to move an existing chain link fence along the <br /> northerly property line of the Subject Parcel to the newly <br /> established property line along the southeasterly border of the <br /> Subject Property and to remove all materials of Owner on the <br /> surface of the Subject Parcel. <br /> 5. Consideration <br /> (a) City shall pay owner the sum of FIFTEEN THOUSAND <br /> EIGHT HUNDRED AND THREE DOLLARS ($15,803 .00) as full <br /> compensation for the fee described in Section 3 . <br /> (b) City shall pay Owner the sum of ONE THOUSAND <br /> DOLLARS ($1000. 00) as full compensation to Owner for moving <br /> its fence as described in Section 4 . <br /> 6. Existing Assessments. The parties hereto intend to have <br /> title to the lands acquired pass free of all existing <br /> assessments. The parties intend to shift the existing <br /> assessments on APN 946-1251-007-1 after sale of the lands <br /> described in Section 3 herein to the City. The City and Owner <br /> agree to cooperate in effecting this transfer. <br /> 7 . Joint Escrow Instructions. <br /> (a) Upon deposit into escrow by Owner of an executed <br /> Grant Deed to the Subject Property, City shall, within five (5) <br /> working days deposit a check for SIXTEEN THOUSAND EIGHT HUNDRED <br /> AND THREE DOLLARS (16, 803 . 00) into the escrow made out to <br /> Northwestern Title Co. of Alameda County ("Northwestern <br /> Title") for the benefit of owner. Northwestern Title shall <br /> deposit the money in an interest bearing account and credit all <br /> interest received to Owner. <br /> (b) Upon removal of exceptions to title to the <br /> satisfaction of the City Attorney and segregation of <br /> assessments, Northwestern Title is authorized to record the <br /> Grand Deed to the Subject Property and disburse to Owner the <br /> funds in the escrow. <br /> (c) City and Owner covenant to exercise best efforts <br /> and to execute necessary documents to consummate this transaction <br /> on a timely basis. <br /> 8 . Fees and Title Insurance. City shall pay all escrows and <br /> recording fees incurred in this transaction and, if title <br /> insurance is desired, the premium charged therefor. <br /> * City agrees that any remedy it may have against Owner for <br /> any reason, including failure of title, shall b . <br /> elimitedto the <br /> consideration paid to the Owner pursuant <br />