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25E - BRISTOL STREET CORRIDOR
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08/02/2010
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25E - BRISTOL STREET CORRIDOR
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1/3/2012 4:01:50 PM
Creation date
7/29/2010 10:50:48 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25E
Date
8/2/2010
Destruction Year
2015
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made free by Seller of all personal property owned by seller. The right to occupy the subject <br />property by Tony's Lock and Safe Service is pursuant to a separate agreement. Said real <br />property is currently encumbered with Lease Agreement #27379 as Amended, with Infinity <br />Outdoor dated November 1, 2000, which is to expire on November 15, 2010. <br />8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct <br />statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to <br />Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements <br />attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360- <br />day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to <br />rent any units on the premises which are now vacant, or which may be vacated by present <br />occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits <br />pertaining to the subject property collected by or in the possession of Seller prior to the close of <br />escrow shall be transferred to and become the property of Buyer during escrow. <br />Seller hereby warrants that the rental statement referred to shall include the terms of all rental <br />agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller <br />agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also <br />warrants that there are no oral or written leases on all or any portion of the subject property <br />exceeding a period of one month. <br />9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained <br />on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other <br />breach of said covenant or agreement nor a waiver of any breach of any other covenants or <br />agreements contained herein. <br />10. _Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and <br />conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and <br />assigns of the respective parties hereto, <br />11. Time is of the Essence. In all matters and things hereunder to be done and in all payments <br />hereunder to be made, time is and shall be of the essence. <br />12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, <br />permission to enter upon said real property at all reasonable times prior to close of escrow for the <br />purpose of making necessary inspections. <br />13. Just Compensation. Seller acknowledges and agrees that said purchase price is just <br />compensation at fair market value for said real property and includes payment for fixtures & <br />equipment (improvements pertaining to the realty), and severance damages. City had delivered to <br />Seller an offer to purchase said real property under threat of eminent domain pursuant to <br />Government Code § 7267.2. Seller now wishes to avoid eminent domain proceedings and sell <br />said real property to the City, and City wishes to buy said real property from Seller, pursuant to <br />the terms and conditions of this Agreement in lieu of, and under threat of, condemnation. <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. <br />Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing <br />address of the Seller is: <br />Norman C. Luna, Trustee of the Luna Family Trust <br />C/O Peterson Law Group <br />707 Wilshire Blvd., #5?70 <br />Los Angeles, CA 90017 <br />25E-6 <br />
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