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<br /> PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
<br /> AND BILATERAL ESCROW INSTRUCTIONS
<br /> (Commercial)
<br /> THIS AGREEMENT, entered into this _ day of , 2010, 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"), and Jonathan and
<br /> Delia Silva (hereinafter called "Seller"), regardless of number or gender;
<br />
<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 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 /> 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 EXHIBIT "A" ATTACHED HERETO
<br /> AND BY THIS REFERENCE MADE A PART HEREOF
<br /> (Commonly known as 918 N. Bristol Street, Santa Ana, CA)
<br /> APN: 004-122-38
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<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 by Seller. Seller agrees to convey said real property to City, by Grant Deed, at
<br /> 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.
<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 all voluntary encumbrances (whether monetary or non-monetary, general or
<br /> specific, including any and all leasehold interests), and except those exceptions shown in
<br /> Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by
<br /> Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by
<br /> City of any deed to said real property, with or without knowledge of any voluntary encumbrance
<br /> (whether monetary or non-monetary, general or specific, and including any and all leasehold
<br /> interests), shall not constitute a waiver by City of its right to the full and clear title hereinabove
<br /> agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of
<br /> the failure of Seller to convey title as hereinabove provided.
<br /> 3. Title Insurance. Seller, at City's expense, agrees to deliver to City, concurrently with the
<br /> conveyance of said real property to City, within the time and at the place hereinabove specified
<br /> for 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 SEVEN
<br /> HUNDRED NINETY TWO THOUSAND AND NO/100 Dollars ($792,000.00) insuring the title of
<br /> the City to said real property is free and clear of any and all encumbrances (whether monetary or
<br /> non-monetary, general or specific, and including any and all leasehold interests), liens, excepting
<br /> such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City
<br /> of any such policy of insurance shall constitute a waiver by City of its right to such insurance as is
<br /> herein required of Seller.
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<br /> 25H-21
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