<br />A-2006-333
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<br />PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
<br />AND BILATERAL ESCROW INSTRUCTIONS
<br />(Commercial)
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<br />THIS AGREEMENT, entered into this (L day of A/.,v. . 2006, by and between \he
<br />CITY OF SANTA ANA, 8 charter city and municipal corporation duly organized under the
<br />Constltutlon and laws of the State of Califomia (hereinafter referred to as tha .City" or "Buyer"),
<br />and Berths Solo (hereinafter called "Seller"). regardless of number or gender;
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<br />WITNESSETH
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<br />For and in consideration of their promises, covenants and agreements hereinafter eet forth. and
<br />subject to the terms, conditions and provisions hereinafter set forth. Seller agrees to sell to Oty,
<br />and Oty agrees to purchase from Seller. all that certain real property (hereinafter referred to as
<br />"said real proporty") described as follows:
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<br />All that certain resl property located In the Stale 'Of California, County of Orange, City of Santa
<br />Ana, described 8ll follows:
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<br />SEE EXHIBIT "AU ATTACHED HERETO
<br />AND BY THIS REFERENCE MAOE A PART HEREOF
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<br />(Commonly known as 701 S, Bristol Street, Santa Ana, CA)
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<br />Said purchase and sale of said reat property shall be In accordance wilh and subjed 10 all of
<br />the followlng terms, conditions, promises, covenants, agreemenls and provisions, to wit:
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<br />1. Convevance bv Seller. Seller agrees to convey said real property 10 City, by Grant
<br />Deed, allhe o1'IIce of LandAmerica Commercial Services, 1920 Main Street, 12'" Floor, Irvine,
<br />within Ihlrty (30) days from and after the date on which Ihe City has approved this Agreement.
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<br />2, Title to be Canveved. (a) Seller agrees that, except as may hereinafter be otherwise
<br />expressly provided, said real property shall be conveyed by Seiter to City, as aforesaid, free and
<br />clear of any and all conditions, restrictions. reservations, exceptions, easements, assessments,
<br />profits, IlmltatJons, encumbrances (whether monetary or non-monetary. general or specific.
<br />including any and all leasehold Interests), liens. clouds or defects In title except \hose
<br />exceptions shown In Paragreph 15 belOw. Seller hereby warrants thet the Ii~e to 8lI1d real
<br />property to be conveyed by Seller to City shall be free and clear as provided abOve, Seller
<br />further agrees that acceptance by City Of any deed to said real property, with or without
<br />knowledge of any condition. restricllon. reservation, excep~on, easement, assessment. profit.
<br />IImJ1atton. encumbrance (whether monetary or non-monetary, general or apecific. and including
<br />any and allleasehokllnterests). lien, cloud or defed In litle, shalt not constitute II waiver by City
<br />of its right to the full and clear Iltle hereinabove i1Qreed to be conveyed by Seller to City, nor of
<br />any right which might accrue to City beceuse of Ihe failure of seller 10 convey ~Ile as
<br />heralnabove provided.
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<br />3. T~ In'lIr.n~. Sflller agrees 10 deliver 10 City, concurrently with the conveyance of
<br />said real property to City, within \he time and at \he place herelnaboVEI spectfled for said
<br />conveyance of said real property, a polley of Illle insurance 10 be issued by Ihe above
<br />mentioned title company, wilh the City therein nemed as \he insured. In Ihe amount of Nine
<br />Hundred Eighteen Thousand Nine Hundred Forty AND No/100 ($918,940) insuring the title of
<br />\he City to said real property is free and clear of eny end all conditions, restrictions,
<br />reservations, exceptions, easements, assessments, profits, IImltatlons, encumbrances (whether
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