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INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED A-2016-302
<br />CLERK OF COUNCIL
<br />[)j',TF: {I,- V-VI"PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />AND BILATERAL ESCROW INSTRUCTIONS
<br />THIS AGREEMENT (hereinafter "PSA"), entered into on AUCTUST tel
<br />2 01 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.
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