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PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />AND BILATERAL ESCROW INSTRUCTIONS
<br />THIS AGREEMENT (hereinafter "PSA"), entered into on 2022,
<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 (hereinafter "City" or "Buyer"), and Maria Arellano De
<br />Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998
<br />(hereinafter "Seller"), regardless of number or gender;
<br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements , and subject
<br />to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to
<br />purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as
<br />follows :
<br />SEE EXHIBIT "A"-Legal Description
<br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 2247 S. Evergreen Street, Santa Ana, CA 92707)
<br />(APN 016-211 -26)
<br />Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following
<br />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 , at the
<br />office of Fidelity National Title , 4400 MacArthur Blvd., Suite 200, Newport Beach, California within sixty (60)
<br />days from and after the date on which the City has approved this Agreement.
<br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided,
<br />said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions,
<br />restrictions , reservations, exceptions, easements, assessments, profits , limitations , encumbrances (whether
<br />monetary or non-monetary , general or specific, including any and all leasehold interests}, liens, clouds or
<br />defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to
<br />said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further
<br />agrees that acceptance by City of any deed to said real property, with or w ithout knowledge of any condition,
<br />restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary
<br />or non-monetary, general or specific , and including any and all leasehold interests), lien, cloud or defect in
<br />title , shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be
<br />conveyed by Seller to City , nor of any right which might accrue to City because of the failure of Seller to
<br />convey title as hereinabove provided.
<br />3. Title Insurance. Seller agrees to deliver to City , concurrently with the conveyance of said real
<br />property to City, within the time and at the place hereinabove specified for said conveyance of said real
<br />property, a policy of title insurance to be issued by the above mentioned title company, with the City therein
<br />named as the insured , in the amount of Seven Hundred Eighty Five Thousand Dollars and no/100
<br />Dollars ($785,000.00) insuring the tit le of the City to said real property is free and clear of any and all
<br />conditions , restrictions , reservations, exceptions, easements, assessments, profits, limitations ,
<br />encumbrances (whether monetary or non-monetary , general or specific, and including any and all leasehold
<br />interests}, liens, clouds or defects in title , excepting such specific ones as city may here inafter expressly
<br />agree to take subject to . Acceptance by City of any such policy of insurance, whether such insurance
<br />complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to
<br />such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or
<br />any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title
<br />insurance as required in this Agreement.
<br />EXHIBIT 2
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