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PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY <br />AND BILATERAL ESCROW INSTRUCTIONS <br />(Commercial) <br />THIS AGREEMENT, entered into this _ day of , 2008, 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 "City" or "Buyer"), <br />and Mary Jane Draganza As Trustee Of The Draganza Exempt Election Trust Established May <br />12, 1986, and Mary Jane Draganza As Trustee Of The Draganza Family Non-Exempt Election <br />Trust Established May 12, 1986 (hereinafter called "Seller"), regardless of number or gender; <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 City, <br />and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as <br />"said real property") described as follows: <br />All that certain real property located in the State of California, County of Orange, City of Santa <br />Ana, described as follows: <br />SEE EXHIBIT "A" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as 517 N. Bristol, Santa Ana, CA) <br />Said purchase and sale of said real property shall be in accordance with and subject to all of the <br />following terms, conditions, promises, covenants, agreements and provisions, to wit: <br />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant <br />Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa <br />Ana, California, within thirty (30) days from and after the date on which the City has approved <br />this Agreement. <br />2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise <br />expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and <br />clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, <br />profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, <br />including any and all leasehold interests), liens, clouds or defects in title except those <br />exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said 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, restriction, reservation, exception, easement, assessment, profit, <br />limitation, encumbrance (whether monetary or non-monetary, general or specific, and including <br />any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City <br />of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of <br />any right which might accrue to City because of the failure of Seller to convey title as <br />hereinabove provided. <br />25C-14 <br />