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A-2001-139
<br />THE CITY OF SANTA ANA, CALIFORNIA At-6 9 %
<br />AGREEMENT FOR ACQUISITION OF
<br />REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />THIS AGREEMENT, entered into this JA day of nail L 2001, by and between the
<br />CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
<br />Constitution and laws of the State of California (hereinafter referred to as the "City"), and
<br />Erickson Properties Corporation, a California Corporation (hereinafter called "Seller"),
<br />regardless of number or gender;
<br />WITNESSETH
<br />For and in consideration of their promises, covenants and agreements hereinafter set forth, and
<br />subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City,
<br />and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as
<br />"said real property") described as follows:
<br />All that certain real property located in the State of California, County of Orange, City of Santa
<br />Ana, described as follows:
<br />SEE EXHIBIT "A" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 2101 E. Edinger Avenue, Santa Ana, CA)
<br />Said sale and purchase of said real property shall be in accordance with and subject to all of the
<br />following terms, conditions, promises, covenants, agreements and provisions, to wit:
<br />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed,
<br />at the office of First American Title Insurance Company, 2 First American Way, Santa Ana,
<br />California, within thirty (30) days from and after the date on which the City has approved this
<br />Agreement.
<br />2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise
<br />expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
<br />clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
<br />profits, limitations, encumbrances, liens, leases, clouds or defects in title except those exceptions
<br />shown in Paragraph 14 below. Seller hereby warrants that the title to said real property to be
<br />conveyed by Seller to City shall be free and clear as above provided. Seller further agrees that
<br />acceptance by City of any deed to said real property, with or without knowledge of any condition,
<br />restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance, lien,
<br />lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear
<br />title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to
<br />City because of the failure of Seller to convey title as hereinabove provided.
<br />(b) Seller does hereby convey to City a temporary construction easement as described in
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