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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. <br />