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00MURMICE NOT REOI1tIiEl A-2021-189 <br />WORK MAY PRO;;tE,i <br />c CLERK Of Ct)i.rt I:,, <br />PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY <br />c-1 AND BILATERAL ESCROW INSTRUCTIONS <br />YublicWOYks ilRtickppzx)(2)?•T. <br />THIS AGREEMENT (hereinafter "PSA"), entered into on SEPTEMBER 21 <br />2021 <br />between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the <br />Constitution and laws of the State of California <br />Califar^ia I ' it- d 1 r n�„ ,, (hereinafter "City" or "Buyer"), and Gates Warner, a <br />U. 1ubi1'�.rornu'ft^vr °.C.^.I�CrO), •^ug3rdl�5s ^.f n,.:mh.^.r ^.r r.�ndcar• LLC <br />y. ,r. y <br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and <br />subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees <br />to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property") <br />legally described as follows: <br />SEE EXHIBIT "A" — Legal Description <br />and Exhibit "Br' — Plat Map <br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as 1301 E_ Warner Avenue, Santa Ana, CA 92707) <br />(APN 014-281-19) <br />Said purchase and sale 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 />9 f wnaieaienrvm by Cnilnv <br />A. Seller agrees to convey Said Real Property to City, by Quitclaim Deed, at the office of <br />Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, <br />Newport Beach, California, within sixty (60) days from and after the date on which the City <br />has approved this Agreement. <br />B. INTENTIONALLY REMOVED. <br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly <br />provided, Said Real'Property shall be conveyed by Seller to City, "As Is, without warranty, and subject to <br />any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, <br />limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all <br />leasehold interests), liens, clouds or defects in title including those exceptions shown in Paragraph 15 <br />below. <br />3. Title Insurance. City is responsible for procuring any title insurance it desires at its own expense <br />4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Insurance <br />Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within <br />five (5) days from and after the date on which the City has approved this Agreement. This Agreement <br />constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this <br />Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to within oiW /Lt[11 <br />do <br />"y 1 � ..y,`7 Of+ho Crty+S axy Vyt�Vn r,f tL.f� A yeoman± If close <br />on to <br />the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest ondit1of thirdl_parties <br />in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of <br />escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all <br />