Laserfiche WebLink
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 <br />the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and 2115 Bristol <br />Trust, Lan Le as trustee (hereinafter "Seller "), regardless of number or gender; <br />WHEREAS, Seller commissioned an appraisal of Said Real Property (as defined below) dated <br />December 8, 2015. Seiler obtained the appraisal in a good faith effort to obtain the fair market <br />value of Sold Real Property (not including any goodwill) and to pay Seller just compensation <br />within the meaning of the just compensation clause of Article 1, Section 19 of the California <br />Constitution. The valuation does not include any increase or decrease in fair market value caused <br />by the public improvement for which the property is to be acquired. The December 8, 2015 <br />appraisal provides that the fair market value of Said Real Property is $2,475,000. <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, Seller agrees to sell to City, and City <br />agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally <br />described as follows: <br />SEE EXHIBIT "A" — Legal Description <br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as 2115 -2123 S. Bristol Street, Santa Ana, CA 92704) <br />(APN 015- 194- 20, -21 & -22) <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 <br />the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, <br />within 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 <br />and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, <br />limitations, encumbrances (whether monetary or non - monetary, general or specific, including any <br />and all leasehold interests), liens, clouds or defects in title 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 City <br />of any deed to said real property, with or without knowledge of any condition, restriction, reservation, <br />exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - <br />monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in <br />title, shall not constitute a waiver by City of Its right to the full and clear title herelnabove agreed to be <br />conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller <br />to convey title as hereinabove provided. <br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said <br />real property to City, within the time and at the place herelnabove specified for said conveyance of <br />said real property, a policy of title Insurance to be issued by the above mentioned title company, with <br />the City therein named as the insured, in the amount of Two Million, Six Hundred Sixty-Five <br />Exhibit 2 <br />25D -5 <br />