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<br />INSURAi'I~ NOt IiEQUiREli <br />-V"O K MI~Y PFOCt:D <br />W'.RK OF COUNC:,. AGREEMENT FOR ACQUISITION OF <br />DATE: OCT 2 5 2006 REAL PROPERTY AND ESCROW INSTRUCTIONS <br /> <br />i/ {J.r,j/tf~) . .#' r\.. I i_ <br />~ . ~J.71 THIS AGREEMENT, entered into this If day of u.7Ct?t' Y , 2006, by and between the CITY OF <br />r:. 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"), Calvary Chapel of Costa Mesa, Inc. (hereinafter called <br />"Seller"), regardless of number or gender; <br /> <br />THE CITY OF SANTA ANA, CALIFORNIA <br /> <br />A-2006-284 <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 ATTACHMENT "1" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br /> <br />(Commonly known as a portion of 3800 S. Fairview 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 terms, <br />conditions, promises, covenants, agreements and provisions, to wit: <br /> <br />1. 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 />from 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 real property shall be conveyed by Seller to City, as aforesaid, free 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 free 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 Seller 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 />(b) Seller does hereby convey to City a Temporary Landscape Easement as described in greater detail in <br />Attachment "2" attached hereto and by this reference made a part hereof. <br /> <br />( c ) Seller does hereby grant an Temporary Construction Easement as described m greater detail m <br />Attachment "3": attached hereto and by this reference made a part hereof. <br /> <br />1 <br />