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<br />A-20D4-0tJ15 A
<br />
<br />'''v~ìffiNCE NO) I :
<br />WORK W'I i'l\lJCEEO
<br />CLERK Of COUNCIL AGREEMENT FOR ACQUISITION OF
<br />DATE: "^-\ 1,,0\ ~ '--\ REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />
<br />c.:.~~~ THIS AGREEMENT, entered into this ~day of ~j L , 2004, by and between the City of Santa
<br />u: Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of
<br />California (hereinafter referred to as the "City"), Bank One Trust Company, N.A. as Trustee of the Samuel I.
<br />Russell Trust Dated August 3,1987, and American National Bank and Trust Company of Chicago, Successor
<br />Trustee, n/k/a Bank One Trust Company, N.A. for Edward P. Russell Trust Dated August 3, 1987 (hereinafter
<br />called "Seller"), regardless of number or gender;
<br />
<br />THE CITY OF SANTA ANA, CALIFORNIA
<br />
<br />WITNESSETH
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<br />For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the
<br />terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase
<br />from Seller, certain portions of real property (hereinafter referred to as "said real property" or "said portions of
<br />real property") described as follows:
<br />
<br />Certain portions of real property located in the State of California, County of Orange, City of Santa Ana,
<br />described as follows:
<br />
<br />SEE EXHIBIT "A" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as a portion of 800 South Grand A venue, Santa Ana, CA)
<br />
<br />Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms,
<br />conditions, promises, covenants, agreements and provisions, to wit:
<br />
<br />I. Convevance bv Seller. Seller agrees to convey said portions of real property to City, by Grant Deed, at
<br />the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within
<br />thirty (30) days ftom and after the date on which the City has approved this Agreement.
<br />
<br />2. Title to be Conveved. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided,
<br />said portions of real property shall be conveyed by Seller to City, as aforesaid, ftee and clear of any and all
<br />conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances,
<br />liens, leases, clouds or defects in title, except the lease pertaining to the auto service business known as Swedish
<br />Auto Service, Inc., and Swedish Auto Service, Inc., dba Swedish Asian Auto Service ("Swedish Auto Service")
<br />and except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the title to said real
<br />property to be conveyed by Seller to City shall be as above provided.
<br />
<br />3. Title Insurance. Seller agrees to deliver to City at City's cost, concurrently with the conveyance of said
<br />real 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 FORTY SEVEN THOUSAND EIGHTY FIVE DOLLARS AND No/I 00 ($47,085.00)
<br />insuring the title of the City to said real property is ftee and clear of any and all conditions, restrictions,
<br />reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases, clouds or
<br />defects in title, excepting the lease to Swedish Auto Service and such specific title exceptions as City may
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