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<br />A-2006-198
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<br />AGREEMENT FOR ACQUISITION OF
<br />REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />
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<br />THIS AGREEMENT, entered into this L day of . 2006, by and between the CITY OF
<br />SANTA ANA, a charter city and municipal corporation duly 0 anized under the Constitution and laws of
<br />the State of California (hereinafter referred to as the "City"), Virginia MacKenzie and David MacKenzie
<br />(hereinafter called "Seller"), regardless of number or gender;
<br />
<br />WITNESSETH
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<br />For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject
<br />to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City a9rees
<br />to purchase from Seller, all that certain real property (hereinafter referred to as "said real property")
<br />described as follows:
<br />
<br />All that certain real property located in the State of California, County of Orange, City of Santa Ana,
<br />described as follows:
<br />
<br />SEE EXHIBIT "A" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />
<br />(Commonly known as 414 S, Bristol, Santa Ana, CA)
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<br />Said sale and purchase 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 />
<br />1, Convevance bv Seller, Seller agrees to convey said real property to City, by Grant Deed, at the
<br />office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within
<br />thirty (30) days from and after the date on which the City has approved this Agreement.
<br />
<br />2. Title to be Conveved, (a) 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, liens, leases, clouds or defects in title except those exceptions shown in Paragraph 14
<br />below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be
<br />free and clear as above provided. Seller further agrees that acceptance by City of any deed to said real
<br />property, with or without knowledge of any condition, restriction, reservation, exception, easement,
<br />assessment, profit, limitation, encumbrance, lien, lease, cloud or defect in title, shall not constitute a
<br />waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City,
<br />nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove
<br />provided,
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<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 SIX HUNDRED THOUSAND DOLLARS AND No/100 ($600,000)
<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, liens, leases,
<br />clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take
<br />subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with
<br />the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such
<br />insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or
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