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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 <br />20 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly <br />organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and <br />VERONIQUE PHAM, a single woman (hereinafter "Seller"), regardless of number or gender; <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 />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as 2241-2245 S. Kilson Drive, Santa Ana, CA) <br />(APN# 016-103-22) <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 />1. Conveyance by Seller. <br />Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Commonwealth Land <br />Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty <br />(60) 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 <br />provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and <br />all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, <br />encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold <br />interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller <br />hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and <br />clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, <br />with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, <br />profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including <br />any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its <br />right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which <br />might accrue to City because of the failure of Seller to 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 <br />therein named as the insured, in the amount of Six HUNDRED NINETY THOUSAND DOLLARS <br />($690,000) insuring the title of the City to Said Real Properties are free and clear of any and all conditions, <br />restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances <br />(whether monetary or non -monetary, general or specific, and including any and all leasehold interests), <br />