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<br />APN: 390-042-01 N-2006-079 <br />' PROJECT: SR-22 IMPROVEMENT PROJECT <br /> <br />, INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL AGREEMENT FOR ACQUISITION OF REAL PROPERTY <br />AND JOINT ESCROW INSTRUCTIONS <br />DATE: o~;:-&(,<O.GoClll1...) <br /> <br />THIS AGREEMENT is entered into this -.!.l--.. day of \ Tut) '" , 2006 by and between <br />Granite-Myers-Rados, A Joint Venture (hereinafter called Buyer), and The City of Santa Ana <br />(hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set <br />forth. <br /> <br />IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOllOWS: <br /> <br />1. AGREEMENT TO SEll AND PURCHASE, Seller agrees to sell to Buyer, and Buyer <br />agrees to purchase from Seller, upon the terms and for the consideration set forth in this <br />Agreement (hereinafter called Agreement), a temporary easement interest over all that <br />certain real property (hereinafter called Property) situated in the City of Santa Ana, <br />County of Orange, State of California, and depicted as follows: <br /> <br />SEE EXHIBIT "A" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br /> <br />2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be <br />the sum of <br /> <br />Four Thousand Six Hundred Dollars and no/100 <br />($4600.00) <br /> <br />3. CONVEYANCE OF TITLE, Seller agrees to convey to Buyer a Temporary Construction <br />Easement in, on, over and above the portion of the subject property depicted on the <br />attached Exhibit "A" and incorporated herein by this reference. <br /> <br />4. ESCROW. Buyer may elect to open an escrow in accordance with this Agreement at an <br />escrow company of Buyer's choice. This Agreement constitutes the joint escrow <br />Instructions of Buyer and Seller, and Escrow Agent to whom these instructions are <br />delivered is hereby empowered to act under this Agreement. The parties hereto agree to <br />perform all acts reasonably necessary to close this escrow in the shortest possible time. <br /> <br />Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to <br />Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when <br />said deeds are available, After opening of escrow, Buyer will deposit an executed <br />Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price <br />upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent <br />any additional instruments as may be reasonably necessary to complete this transaction. <br /> <br />All funds received in thiS escrow shall be deposited with other escrow funds in a general <br />escrow account(s) and may be transferred to any other such escrow trust account in any <br />State or National Bank doing business in the State of California. All disbursements shall <br />be made by check from such account. <br /> <br />5. ESCROW AGENT IS AUTHORIZED TO. AND SHALL: <br /> <br />a. Disburse funds and deliver deed when conditions of this escrow have been <br />fulfilled by Buyer and Seller. <br /> <br />The term "close of escrow", if and where written in these instructions, shall mean the <br />date necessary instruments of conveyance are recorded if necessary in the office of the <br />County Recorder. Recordation of instruments delivered through this escrow is authorized <br />if necessary or proper. <br /> <br />Page 1 of 4 <br />