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THE CITY OF SANTA ANA, CALIFORNi. A-2002-045
<br />AGREEMENT FOR ACQUISITION OF
<br />REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />THIS AGREEMENT, entered into this'0 day of AA I L. , 200'2� by and between the CITY OF
<br />SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the
<br />State of California (hereinafter referred to as the"City"), THE FISCHER FAMILY TRUST ESTABLISHED
<br />JANUARY 24,1975 AND THE EDDIE R. FISCHER GRANDCHILDREN'S TRUST ESTABLISHED
<br />DECEMBER 31, 1992 (hereinafter called "Seller"), regardless of number or gender;
<br />WITNESSETH
<br />For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the
<br />terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to
<br />purchase from Seller, all that certain real property (hereinafter referred to as "said real property") described
<br />as follows:
<br />All that certain real property located in the State of California, County of Orange, City of Santa Ana,
<br />described as follows:
<br />SEE EXHIBIT "A" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 2400 East 17" Street, Santa Ana, CA)
<br />Said sale and purchase of said real property shall be in purchased by City in its "as -is" condition and in
<br />accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and
<br />provisions, to wit: ,
<br />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office
<br />of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30)
<br />days from and after the date on which the City has approved this Agreement.
<br />2. Title to be Conveyed. (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 all
<br />conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances,
<br />liens, leases, clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby
<br />warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as above
<br />provided. Seller further agrees that acceptance by City of any deed to said real property, with or without
<br />knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation,
<br />encumbrance, lien, lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full
<br />and clear title hereinabove agreed to be conveyed,by Seller to City, nor of any right which might accrue to
<br />City because of the failure of Seller to convey title as hereinabove provided.
<br />(b) Seller does hereby convey to City a temporary construction easement as described in greater detail in
<br />Exhibit "B" attached hereto and by this reference made a part hereof.
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