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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 <br />201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized <br />under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and BENJAMIN <br />LOPEZ JR., an individual, (hereinafter "Seller"), regardless of number or gender; <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 1306 W. Carlton Place, Santa Ana, CA 92707) <br />(APN 408-333-02) <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 and <br />all 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 <br />clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, <br />with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, <br />profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including <br />any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its <br />right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right <br />which might 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 EIGHT THOUSAND AND FIVE HUNDRED TWENTY <br />DOLLARS ($8,520.00) insuring the title of the City to said real property is 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, and including any and all <br />leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter <br />expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such <br />insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City <br />of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of <br />action for damages or any other rights which may accrue to City by reason of the failure of Seller to <br />convey title or to provide title insurance as required in this Agreement. <br />EXHIBIT 2 <br />25E-5 <br />