|
<br />. A-2009-204
<br />. -- ,rlNGE NOT REQUIRED
<br />WORK MAY PRb1,cWJc:
<br />CLI::i;" V~~OWC1L~E AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
<br />DATF' i 2-1 l-Cl ., L AND BILATERAL ESCROW INSTRUCTIONS
<br />n "{ (Commercial)
<br />YJ -1JI.. '
<br />THIS AGREEMENT, entered into this L..... day of JJetf'V~/I) tf?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 California (hereinafter referred to as the "City" or "Buyer"), DRSS-I, LLC, a
<br />California Limited Liability Company (hereinafter called "Seller"), regardless of number or gender;
<br />
<br />-~
<br />~~
<br />~~
<br />N VC_
<br />-4:
<br />U~
<br />L
<br />ri.
<br />
<br />WITNESSETH
<br />
<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 />
<br />All that certain real property located in the State of California, County of Orange, City of Santa
<br />Ana, described as follows:
<br />
<br />SEE ATTACHMENT 1, ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />
<br />(Commonly known as a portion 2040 East Dyer Road, Santa Ana, CA)
<br />(APN 430-181-25)
<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, 2 First American Way, Santa Ana,
<br />California, within thirty (30) days from and after the date on which the City has approved this
<br />Agreement (but in no event later than December 31, 2009). Seller understands City will not
<br />approve this Agreement until it has approved the preliminary title report referenced in Section 2
<br />below.
<br />
<br />2. Title to be Conyeyed. (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 exceptions
<br />shown in the preliminary title report to be delivered to Buyer by Seller as soon ar reasonably
<br />possible after execution of this Agreement (in no event shall title be conveyed subject to monetary
<br />liens other than the liens of non-delinquent taxes and assessments). Seller hereby warrants that
<br />the title to said real property to be conveyed by Seller to City shall be free and clear as provided
<br />above.
<br />
<br />(b) Seller does hereby convey to City a temporary landscape easement as described in
<br />greater detail in Attachment 2, attached hereto and by this reference made a part hereof.
<br />
<br />Page 1 of 18
<br />
|