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I. On September 18, 2024, HCD notified the City that the Property qualifies as exempt <br />surplus land under California Government Code section 54221, subdivision (f)(1)(B) and (E). <br />J. In satisfying Surplus Land Act and street vacation requirements, City proceeded <br />with direct negotiations to sell the Property to Buyer. <br />K. The City received, reviewed and concurs with an appraisal, prepared by a state - <br />licensed appraiser, which estimated the market value of the Property as $9,800.00 <br />L. On October 15, 2024, City Council approved through direct negotiations, without <br />competitive bidding, to sell the Property to Buyer, in accordance with Santa Ana Municipal Code <br />sections 2-706.1. <br />M. City now desires to sell the Property to Buyer, and Buyer desires to purchase the <br />Property from City, in accordance with the provisions of this Agreement. <br />AGREEMENT <br />NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the <br />mutual covenants and agreements herein contained, and other good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: <br />1. Incorporation of Recitals. The recitals of fact set forth above are true and correct <br />and are incorporated into this Agreement in their entirety by this reference. <br />2. Purchase and Sale: Purchase Price. <br />2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall <br />purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement. <br />2.2 Purchase Price. The purchase price of the Property shall be Nine Thousand <br />Eight Hundred Dollars ($9,800.00). <br />3. Escrow. <br />3.1 Escrow Instructions. Escrow Instructions. Within seven (7) days following <br />the execution of this Agreement by the Parties, Buyer will open an escrow ("Escrow") with <br />Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660, Attn: Jody <br />Kelly ("Escrow Holder") for the purchase and sale of the Property. The "Opening of Escrow" <br />shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow <br />Holder. Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This <br />Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute <br />such additional instructions consistent with the provisions of this Agreement, which may be <br />required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any <br />conflict between the terms of this Agreement and any Escrow Instructions required by Escrow <br />Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow <br />Holder with their respective Federal Tax Identification Numbers and such other information as is <br />reasonably required by Escrow Holder. <br />-2- <br />