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'NSURANCE NOT REQUIRED A-2016-301
<br />WORK MAY PROCEED
<br />CLERK OF CRP6HASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />'I4TE: li / 1' PI V AND BILATERAL ESCROW INSTRUCTIONS
<br />THIS AGREEMENT (hereinafter "PSA"), entered into on _____fit \, 27 ____,
<br />201 6, 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 MARSHALL -KELLEY,
<br />LLC (hereinafter "Seller"), regardless of number or gender;
<br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject
<br />to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to
<br />purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as
<br />follows:
<br />SEE EXHIBIT "A" and "A-1" — Legal Description
<br />and EXHIBIT "B" and "B-1" — Plat Map
<br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 1220 North Bristol Street, Santa Ana, CA)
<br />(APN: 004-113-35)
<br />Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following
<br />terms, conditions, promises, covenants, agreements and provisions, to wit:
<br />Conveyance by Seller.
<br />A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth
<br />Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty
<br />(60) days from and after the date on which the City has approved this Agreement.
<br />Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the
<br />portion of the subject property described on the attached Exhibit "A-1" and depicted on the attached
<br />Exhibit "B-1" and incorporated herein by this reference.
<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 as
<br />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 all
<br />leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and
<br />clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City
<br />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 therein
<br />named as the insured, in the amount of Six Hundred and Forty Thousand Dollars and no/100 ($640,000.00)
<br />insuring the title of the City to said real property is free and clear of any and all conditions, restrictions,
<br />reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or
<br />non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in
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