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INSURANCE NOT REQUIRED N-2024-330
<br /> WORK MAY PROCEED
<br /> CITY CLERK PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br /> DATE: OCT 0 4 2024 AND BILATERAL ESCROW INSTRUCTIONS
<br /> D Phlp �z� THIS AGREEMENT (hereinafter "PSA"), entered into on September 1 1 ,
<br /> 2024, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
<br /> J43oh tjabnil(kP�nder the Constitution and laws of the State of California (hereinafter"City"or"Buyer"), and NARCISO
<br /> A. RIVERA, an individual, and ROSA ELVIRA LANDAVERDE, an individual, collectively (hereinafter
<br /> "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 1305 W. Saint Anne Place, Santa Ana, CA 92707)
<br /> (APN: 408-335-17)
<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 Commonwealth Land Title Insurance Company, Newport Place Drive, Suite 120, Newport
<br /> Beach, California, within sixty (60) days from and after the date on which the City has approved this
<br /> 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
<br /> real property to City, within the time and at the place hereinabove specified for said conveyance of said
<br /> real property, a policy of title insurance to be issued by the above mentioned title company, with the
<br /> City therein named as the insured, in the amount of Forty-five Thousand, and no/100 Dollars
<br /> ($45,000.00) insuring the title of the City to said real property is free and clear of any and all conditions,
<br /> restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances
<br /> (whether monetary or non-monetary, general or specific, and including any and all leasehold interests),
<br /> liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree
<br /> to take subject to.Acceptance by City of any such policy of insurance,whether such insurance complies
<br /> with 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
<br /> any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide
<br /> title insurance as required in this Agreement.
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