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<br />INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CLERK OF COUNCil
<br />nAT~' , '- /I N}
<br />"T:J'T ~-I PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />t<-- AND BILATERAL ESCROW INSTRUCTIONS
<br />(Commercial) (L
<br />
<br />THIS AGREEMENT, entered into this'tday of D~t.emb..~2009, by and between the CITY OF
<br />SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and
<br />laws of the State of Caiifornia (hereinafter referred to as the "City" or "Buyer"), CFRI/Greenlaw
<br />Dyer Road lLC" a Delaware Limited liability Company (hereinafter cailed "Seller"), regardless of
<br />number or gender;
<br />
<br />A-2009-203
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<br />WITNESSETH
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<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 seil to City,
<br />and City agrees to purchase from Seller, ail that certain unimproved real property (hereinafter
<br />referred to as "said real property") described as follows:
<br />
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<br />All that certain real property located in the State of California, County of Orange, City of Santa Ana,
<br />described as follows:
<br />
<br />SEE ATTACHMENT 1, ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />AND AS DEPICTED ON EXHiBIT "B" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />
<br />(Commonly known as a portion of 2001 E. Dyer Road, Santa Ana, CA)
<br />(APN 430-221-13)
<br />
<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 />
<br />1. Conveyance bv Seller. Seller agrees to convey said real property to City, by Grant Deed,
<br />at the office of First American Title Insurance Company (the "Title Company), 2 First American
<br />Way, Santa Ana, California, within ninety (90) days from and after the date on which the City has
<br />executed this Agreement.
<br />
<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 ail iiens recorded against the real property by or with the consent of the Seller,
<br />except those exceptions shown in the Title Report and described in Paragraph 15 below. Seller
<br />hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and
<br />clear as provided above,
<br />
<br />(b) Seiler does hereby convey to City a temporary landscape easement as described in greater
<br />detail in Attachment 2, attached hereto and by this reference made a part hereof.
<br />
<br />3, Title Insurance, Following execution of this Agreement, the Title Company shall deliver to
<br />City a title report (the "Title Report"), Seller agrees to deiiver to City, concurrently with the
<br />conveyance of said real property to City, within the time and at the place hereinabove specified for
<br />said conveyance of said real property, a policy of title insurance to be issued by the above
<br />mentioned title company, with the City therein named as the insured, in the amount of ONE
<br />MilLION SEVENTY NINE THOUSAND SIX HUNDRED SIX AND NO/100 Dollars ($1,079,606)
<br />insuring the title of the City subject to the Permitted Exceptions noted in Paragraph 15 at no
<br />additional cost to the Seller, Acceptance by City of any such poiicy of insurance, whether such
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