EARL SCHEIB REALTY CORP -2010 - Laserfiche WebLink

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,q_�K RANCE 1�(T REQUIRED MRK i�LAY PROCEED CLERK rP,�;��it;IL. i iATE' � � � ZU EASEMENT- AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS A-2010-042 THIS AGREEMENT("Agreement"), entered into on Ir,Lj_—L—_, 2010, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City"), and Earl Scheib Realty Corp., a California corporation, who acquired title as Redwood City Auto Paint Shop, Inc. (hereinafter "Owner"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, Owner agrees to grant to City, in exchange for the consideration described herein, an easement (the "Permanent Easement") and a temporary construction easement ("TCE" and together with the Permanent Easement, the "Easements") to a portion of that certain real property (hereinafter the "Premises") legally described and depicted as follows: SEE EXHIBIT "A" — Legal Description and EXHIBIT "B" — Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1102 E. 17th Street, Santa Ana, Ca) The creation of the Easements shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Easements. The Owner shall grant to the City the following Easements pursuant to the terms and obligations set forth herein: (a) The Permanent Easement shall be in the form of the Easement Deed set forth in Exhibit "C" to this Agreement. (b) The Temporary Construction Easement (hereinafter "TCE") shall be as described in the attached Exhibit "A-1" and depicted on the attached Exhibit "B." This Temporary Construction Easement, for purposes incidental to construct the proposed improvements to 1102 E. 171h Street, is granted subject to the following construction parameters: (i) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. However, at no time during construction shall the contractor block access for ingress and egress to Owner's business. (ii) The City agrees that it will use the Easements in such manner as not to injure, annoy, interfere with or infringe on the rights of others on the Premises or other licensees. The City agrees to comply with all applicable laws, ordinances and regulations now or hereafter in force in connection with its use of the Premises 2 Payment of Purchase Price. City agrees to pay to Owner, and Owner agrees to accept from City, as and for the full purchase price for Easements, the total sum of Forty -One Thousand One Hundred Eighty -Five and No/100 Dollars ($41,185.00) (the "Purchase Price"). 3. Closina/Escrow. Within ten days of the execution of this Agreement, (a) City shall deposit the entire Purchase Price into escrow with [a mutually agreeable escrow company] ("Escrow Agent") and (b) Owner shall provide the Escrow Agent with executed Easement Deed in the form attached hereto as Exhibit "C". Upon confirmation by City that Owner has marketable title to Premises, closing shall occur. If City has not received such confirmation of marketable title to its satisfaction by