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<br />A-2007-217
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<br />INSURANCF NOT REQUIRED
<br />WORr: :'AAY PROCEED AGREEMENT FOR ACQUISITION OF
<br />CLERK OF COUNCIL REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />DATE: 9-10 - c)"7
<br />o.~!, ~:~...J'HIS AGREEMENT, entered into this 29 day of August, 2007, by and between the Orange County
<br />l{escue'Mission, Inc., a 501 (c)(3) (hereinafter referred to as the "Seller") and the City of Santa Ana, a charter
<br />city and municipal corporation duly organized under the Constitution and laws of the State of California
<br />(hereinafter referred to as the "City").
<br />
<br />WITNESSETH
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<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 />(APN 007-332-08, commonly known as 1901 W. Walnut, Santa Ana, CA)
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<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. Conveyance by 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 />after Seller has received a Certificate of Occupancy for the Village of Hope located at One Hope Drive, Tustin,
<br />California, or the date on which the City has approved this Agreement, whichever is later.
<br />
<br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said
<br />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.
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<br />3. Reserved.
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<br />4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First
<br />American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which
<br />the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and
<br />the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of
<br />the escrow.
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