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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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7/26/2016 5:25:48 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
6/7/2010
Destruction Year
2015
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Agency is recorded, quiet and peaceful possession of aid real property, which shall be nude free by Seller of all <br />personal property. <br />Waivers. The waiver by Agency of any breach of any covenant or agreement herein contained on the <br />art of Seller shall not be dwrned or held to be. a waiver of any subsequent or other breach of said covenant or <br />agreeruout nor a waiver of any breach of any other covenants or agreements contained herein. <br />91 Heirs, .A.s i gs# Etc./Probate Aipprovat <br />a). This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, <br />o ocutors, administrators, succcwors and assigns of the respective parties hereto. Court confimation of the sale <br />may not e required, subject no ce of the terms 'of the sale to beue oia .estheirs. If a b6ne ciar r heir objects <br />to the term of sale, court confimation of the sale shall be required. Buyer shah have 3 days aft r receipt of <br />notification of a. bene olar'y or heir's objection to elect to cancel this agreement. <br />b). If Probate Comet approval is necessary, Seller shall file a Petition to confirm the sale of the proporty <br />with the court. Seller shall notify Buyer in writing. of the court confimation hearing date, time and location. <br />California Probate Code may require a legal notice to be published in a. local nowspaper advertising the saio of <br />the pmporty. If publication is required, Buyer xd rstands that Seller is unable to accept Buyer's offer until after <br />the expiration of the period set forth in the published notice, In such case, acceptance of this offer prior to <br />publication is voidable. If the court approves the sale to Buyer, all deposit money (if any held on behalf of <br />Seller shall be applied toward tho purchase price. If the sale is not confirmed to Buyer d o to an overbid, <br />Buyarss deposit money, less applicable costs shall bo reWmed to Buyer: If the, sale is onfi . d by the court, an <br />Order Confinning Sale to Buyer will be issued by the comt, Buyer shall pay the balance of the purchase price <br />iffiin 10 days from receipt of such order by escrow holder or Duyor. The purchase pfico offer must be at least <br />90 percent of the probate ire ` ee's appraised or are - appraised value of the property� unless, exempt. if the <br />purchaso price is less than 90 porcent of the probate re err 's appraised value, Buyer may m' crrea a the purchase <br />price to the minimum mount required, or may withdraw from this transaction and receive a refimd of Dryer's <br />deposit, less applicable costs. If Buyer defaults after �oourt confirmation, the order confirming sale may be <br />vacated. Buyer shall Pay any amount the court detemines to satisfy any deficiencies of sale price, costs, or other <br />losses by Seller. <br />10. Time is of the Ess ueo. In all matters and tags hereunder to be alone and in all payments hereunder to <br />be made, time is and shall be of the essence,, <br />11. Permission to Enter on Premises. Seller hereby grants agency, and its authorized agents, permission to <br />enter upon said real property at all reasonable tires prior to close of egerow for the purpose. of wing necessary <br />inspections. <br />12. JAstCoWpensation. Seller acknowledges and agrees that said purchase pficeis just compensation at fair <br />market valuo for said real property and i dl des any and all fixtures and equipment, goodwill if any) and <br />severance. <br />13. Notices. The mailing address of tho Seller is 443 South Poplar Sheet, Santa Ana, Cali omia 92703. The <br />mailing address of the Agency is 20 Civic Center Plaza, M-25, Santa Ana, Californian 92701. <br />14. ,ce tions..A geenny agrees to accept title to said real property subject to the follo-wing: No Exceptions. <br />15. Entire Mgr nt�o roker . t is mutually agreed that the parties hereto have herein set Forth the <br />whole of their Agreement. erforance of this Agreement by Agency shall lay at rest, caeb, every and all <br />issues that were raised or could have been raised in connective Nvith the acquisition of said real propel by <br />Page 3 of 1 <br />Exhibit H <br />
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