|
<br />.
<br />
<br />.
<br />
<br />:,i~¡,fiANCF Nor REr,li/i¡im
<br />S-/ WOf/K M!W P,'WCEED
<br />IT CLŒK UF COUNCIL
<br />¡lATE: It> -I oS -01./ THE CITY OF SANTA ANA, CALIFORNIA
<br />
<br />e.', fwlt J AGREEMENT FOR ACQUISITION OF
<br />(t::. JDY5~~ REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />
<br />THIS AGREEMENT, entered into this 71ay of Jñ YJ If , 2004, by and between the CITY OF
<br />SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the
<br />State of Cali fomi a (hereinafter referred to as the "City"), ROBERT R. FOSTER AND OLGA Z. FOSTER
<br />(hereinafter called "Seller"), regardless of number or gender;
<br />
<br />A-2004-109
<br />
<br />WITNESSETH
<br />
<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 />trom Seller, all that certain real property (hereinafter referred to as "said real property") described as follows:
<br />
<br />All that certain real property located in the State of California, County of Orange, City of Santa Ana, described
<br />as follows:
<br />
<br />SEE EXHIBIT "A" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />
<br />(Commonly known as 1249 W, Second Street, Santa Ana, CA)
<br />
<br />Said sale and purchase of said real property shall be in accordance with and subject to all ofthe fo1lowing terms,
<br />conditions, promises, covenants, agreements and provisions, to wit:
<br />
<br />I. Convevance bv Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of
<br />First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days
<br />trom and after the date on which the Ci ty 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 real property shall be conveyed by Seller to City, as aforesaid, tree and clear of any and all conditions,
<br />restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases,
<br />clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the
<br />title to said real property to be conveyed by Seller to City shall be tree and clear as above provided. Seller
<br />further agrees that acceptance by City of any deed to said real property, with or without knowledge of any
<br />condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance, lien, lease,
<br />cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove
<br />agreed to be conveyed by Se1ler to City, nor of any right which might accrue to City because of the failure of
<br />Seller to convey title as hereinabove provided.
<br />
<br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property
<br />to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy
<br />of title insurance to be issued by the above mentioned title company, with the City therein named as the insured,
<br />in the amount THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS AND Noll 00 ($325,000) insuring the title of
<br />
|