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<br />PERMANENT
<br />RECORD
<br />
<br />A-2006-258
<br />
<br />AGREEMENT FOR ACQUISITION OF
<br />REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />
<br />THIS AGREEMENT, entered into this ;i!day of Scp/e/flher-, 2006, 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 California (hereinafter referred to as the "City"), Hani Tabello (hereinafter called "Seller"), regardless of
<br />number or gender;
<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 />from 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 317 and 323 S. Bristol Street, 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
<br />terms, conditions, promises, covenants, agreements and provisions, to wit:
<br />
<br />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of
<br />LandAmerica Commercial Services, 1920 Main Street, 12th Floor, Irvine, California, within thirty (30) days from
<br />and after the date on which the City has approved this Agreement.
<br />
<br />2. Title to be Conveyed. (a) 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 all
<br />conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances,
<br />liens, leases, clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby
<br />warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as above
<br />provided. Seller further agrees that acceptance by City of any deed to said real property, with or without
<br />knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation,
<br />encumbrance, lien, lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full and
<br />clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City
<br />because of the failure of Seller to convey title as hereinabove provided.
<br />
<br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conyeyance of said real property
<br />to City, within the time and at the place hereinabove specified for said conveyance of said real property, a
<br />policy of title insurance to be issued by the above mentioned title company, with the City therein named as the
<br />insured, in the amount Seven Hundred Eighty Five THOUSAND DOLLARS AND No/100 ($785,000) insuring the
<br />title of the City to said real property is free and clear of any and all conditions, restrictions, reservations,
<br />exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases, clouds or defects in
<br />title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by
<br />City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph
<br />or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a
<br />waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of
<br />the failure of Seller to convey title or to provide title insurance as required in this Agreement.
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