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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 />2017, between the CITY OF SANTA ANA, a charter city and municipal corporation duly <br />organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), <br />and MARIO AREVALO, an individual and RAQUEL AREVALO, an individual (hereinafter "Seller"), <br />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 1302 W. Saint Andrew Place, Santa Ana, CA 92704) <br />(APN#: 408-332-01) <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 />t. 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 nor -monetary, general or specific, including any and <br />all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph <br />15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City <br />shall be free and clear as provided above, Seller further agrees that acceptance by City of any deed <br />to said real property, with or without knowledge of any condition, restriction, reservation, exception, <br />easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general <br />or specific, and Including any and all leasehold interests), lien, cloud or defect in title, shall not <br />constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by <br />Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey <br />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 hereinabove 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 Four Hundred Eighty Thousand and no/100 <br />Dollars ($480,000.00) 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 <br />hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, <br />whether such insurance complies with the requirements of this paragraph or not, shall not constitute <br />a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City <br />of any rights of action for damages or any other rights which may accrue to City by reason of the <br />failure of Seller to convey title or to provide title insurance as required in this Agreement. <br />Exhibit 2 <br />25D-5 <br />