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r YY A-2007-291 <br />`O PA6REEMENT FOR ACQUISITION OF <br />REAL PROPERTY AND ESCROW INSTRUCTIONS <br />THIS AGREEMENT, entered into this `day ofd, 2007, 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"), and the COMMUNITY REDEVELOPMENT <br />AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic (hereinafter called "Agency"). <br />WITNESSETH <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, City agrees to sell to Agency, and Agency agrees to <br />purchase from City, all that certain real property (hereinafter refer-ed to as "said real property") described as <br />follows: <br />SEE EXHIBIT "A" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as 4106 W. McFadden, Santa Ana, CA) <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 />1. Conveyance by City. City agrees to convey said real property to Agency, 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 Agency has approved this Agreement. <br />2. Title to be Conveyed. City agrees that, except as may hereinafter be otherwise expressly provided, said <br />real property shall be conveyed by City to Agency, 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. City hereby warrants that the <br />title to said real property to be conveyed by City to Agency shall be free and clear as above provided. City <br />further agrees that acceptance by Agency 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 Agency of its right to the full and clear title hereinabove <br />agreed to be conveyed by City to Agency, nor of any right which might accrue to Agency because of the failure <br />of City to convey title as hereinabove provided. <br />3. Reserved. <br />4. Escrow. Agency agrees to open an escrow at the office of First American Title Insurance Company, 2 <br />First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on <br />which the Agency has approved this Agreement. This Agreement constitutes the joint escrow instructions of the <br />Agency and the City and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the <br />opening of the escrow. <br />The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this <br />Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this <br />