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<br />IBJRANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: 1;-/9-07 <br />o:coA (~ndj Go*\ieD"'\ <br />"'4 Bet'\~Qll~1\1 <br />(1.) <br /> <br />A-2004-021 <br /> <br />THE CITY OF SANTA ANA, CALIFORNIA <br />AGREEMENT FOR SALE AND <br />ACQUISITION OF REAL PROPERTY <br /> <br />THIS AGREEMENT, entered into this 1st day of November, 2007, by and between the <br />CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the <br />Constitution and laws of the State of California (hereinafter referred to as the "Seller"), and 100 <br />SOUTH MAIN STREET, LLC, a California limited liability company (hereinafter called <br />"Buyer"), regardless of number or gender; <br /> <br />WHEREAS, the Seller is the owner of certain real property generally located at 110 <br />West First Street in the City of Santa Ana more particularly described below (hereinafter "said <br />real property"); and <br /> <br />WHEREAS, the Buyer, or its predecessor in interest, has approached the Seller and <br />seeks to purchase said real property for use as a patio for its previously constructed restaurant; <br />and <br /> <br />WHEREAS, the Buyer has constructed certain improvements, including a patio on said <br />real property under a right of entry and license with the Seller, and as of the date of this <br />agreement has been operating part of its restaurant business on said real property for several <br />years; and <br /> <br />WHEREAS, the Seller has been authorized, by action of the City Council of the City of <br />Santa Ana at its regular meeting of February 2, 2004, pursuant to section 2-706.1 of the Santa <br />Ana Municipal Code, to directly negotiate with Buyer's predecessor in interest the terms and the <br />conditions of the sale and purchase of said real property as set forth herein; and <br /> <br />WHEREAS, the Seller has warranted that it has removed two billboards from the rooftop <br />of the restaurant at a cost the Buyer represents to be more than fair market value of said real <br />property; and <br /> <br />WHEREAS, the Buyer has agreed and warranted that it has caused said real property to <br />be developed consistent with the City of Santa Ana land use approvals as specified in paragraph <br />l.a., below; and <br /> <br />WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a <br />substantive part of this Agreement and that the following terms and conditions are approved and <br />together with the Recitals and all exhibits and attachments hereto, shall constitute the entire <br />Agreement between the Seller and Buyer: <br /> <br />WITNESSETH <br />For and in consideration of their promises, covenants and agreements hereinafter set forth, and <br />subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to Buyer, <br />and Buyer agrees to purchase from Seller, all that certain real property (hereinabove and <br />