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PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />AND BILATERAL ESCROW INSTRUCTIONS
<br />THIS AGREEMENT (hereinafter "PSA "), entered into on _ , 2016,
<br />between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
<br />Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Bolivar Nunez, or
<br />successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005 (hereinafter
<br />"Seller'), regardless of number or gender;
<br />WHEREAS, Seller commissioned an appraisal of Said Real Property (as defined below) dated
<br />December 5, 2015, Seller obtained the appraisal in a good faith effort to obtain the fair market value
<br />of Said Real Property (not including any goodwill) and to pay Seller just compensation within the
<br />meaning of the just compensation clause of Article 1, Section 19 of the California Constitution. The
<br />valuation does not include any increase or decrease in fair market value caused by the public
<br />improvement for which the property is to be acquired. The December 5, 2015 appraisal provides that
<br />the fair market value of Said Real Property is $704,270.
<br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
<br />subject to the terms, conditions and provisions of this PSA, Seiler agrees to sell to City, and City agrees
<br />to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as
<br />follows:
<br />SEE EXHIBIT "A" -- Legal Description
<br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 2101 S. Bristol Street, Santa Ana, CA 92704)
<br />(APN 015 - 194 -17)
<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 />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the
<br />office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within
<br />sixty (60) days from and after the date on which the City has approved this Agreement.
<br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly
<br />provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all
<br />conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
<br />encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold
<br />interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller
<br />hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear
<br />as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or
<br />without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit,
<br />limitation, encumbrance (whether monetary or non- monetary, general or specific, and including any and
<br />all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the
<br />full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might
<br />accrue to City because of the failure of Seller to convey title as hereinabove provided.
<br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real
<br />property to City, within the time and at the place hereinabove specified for said conveyance of said real
<br />property, a policy of title insurance to be issued by the above mentioned title company, with the City
<br />therein named as the insured, in the amount of Six Hundred Forty -one Thousand, Seven Hundred
<br />Thirty and no/100 Dollars ($641,730.00) insuring the title of the City to said real property is free and
<br />clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits,
<br />limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any
<br />Eh`5bit -37 Pill)
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