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25F - AGMT - GRAND AVE WIDENING SETTLEMENT
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25F - AGMT - GRAND AVE WIDENING SETTLEMENT
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10/11/2012 2:58:43 PM
Creation date
10/11/2012 2:58:40 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
10/15/2012
Destruction Year
2017
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EXHIBIT 2 <br />SELL ALL (NO SALVAGE) <br />Project: Grand Avenue Widening Project <br />APN: 398-454-12 & 13 <br />Tenant-Seller: Enrique Santiago dba <br />El Jalapenos Restauant <br />AGREEMENT FOR ACQUISITION OF TENANT-SELLER'S <br />INTEREST IN REAL PROPERTY <br />THIS AGREEMENT ("Agreement") is entered into as of this day of <br />, 2012, by and between THE CITY OF SANTA ANA, a charter city and <br />municipal corporation duly organized under the Constitution and laws of the State of California <br />("Buyer"), and ENRIQUE SANTIAGO DBA EL JALAPENOS MEXICAN FOOD <br />("Tenant-Seller") for the acquisition by Buyer of certain interests in real property described <br />herein. <br />IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: <br />1. AGREEMENT. "Tenant-Seller agrees to sell and convey to Buyer, and Buyer <br />agrees to purchase and acquire from Tenant-Seller, upon the terms and for the consideration set <br />forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including <br />fixtures and equipment (collectively "Improvements") located in, on, or affixed in any manner <br />to the premises known and numbered as 1221 E. First Street #C Santa Ana, California <br />("Premises") which Premises are part of that real property described in Exhibit "A" attached <br />hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any <br />tenancy interest of Tenant-Seller ("Tenancy Interest") in and to the Premises and the Property. <br />The Improvements to be conveyed by Tenant-Seller are a part of the Premises, and specifically <br />include, without limitation, the items described in the list of Improvements Pertaining to the <br />Realty attached hereto as Exhibit "B". <br />2. PURCHASE PRICE. The total purchase price, payable in cash through this <br />Agreement, shall be the sum of: SEVENTY THREE THOUSAND TWO HUNDRED AND <br />THIRTY DOLLARS NO1100 DOLLARS ($73,230.00) ("Purchase Price") <br />3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant-Seller agrees to <br />execute a Quitclaim Deed in the same form as that attached hereto as Exhibit "C" in favor of <br />Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right <br />title and interest in and to the Tenancy Interest. <br />4. Tenant-Seller will vacate the property by September 13, 2012. Any and all rents <br />owed to the Buyer prior to the date of vacate will be deducted from the Purchase Price. <br />5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed <br />will also convey from Tenant-Seller to Buyer all of Tenant-Seller's interest in and to the <br />Improvements, which conveyance shall be free and clear of all recorded and unrecorded <br />encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the <br />Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be <br />25F-5
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