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' CALIFORN~ 2003 110
<br />' ~: '~' ~l~ CITY OF SANTA ANA t~_ _
<br />
<br /> ' / AGREEMENT FOR ACQUISITION OF
<br /> '4 AL RO ERTY ' ESCROW',,,STRUCTXO S
<br />
<br /> THIS AGREEMENT, entered into this/~ f~ay of _~4t]~,/, 2003, by and between the CITY OF
<br />SANTA ANA, a charter city and municipal corporation duly o~ganized under the Constitution and laws of the
<br />State of California (hereinafter referred to as the "City" ), DONALD A. SMITH AND SUZANNE L. SMITH,
<br />TRUSTEES OF THE SMITH FAMILY TRUST DATED APRIL 10, 1991 (hereinafter called "Seller"),
<br />regardless of number or gender;
<br />
<br />WITNESSETH
<br />
<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 purchase
<br />from Seller, all that certain real property (hereinafter referred to as "said real property") described as follows:
<br />
<br />All that certain real property located in the State of California, County of Orange, City of Santa Ana, described
<br />as follows:
<br />
<br /> SEE EXHIBIT "A" ATTACHED HERETO
<br />AND BY THIS REFERENCE MADE A PART HEREOF
<br />
<br />(Commonly known as a portion of 830 South Grand Avenue, Santa Aha, CA)
<br />
<br />Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms,
<br />conditions, promises, covenants, agreements and provisions, to wit:
<br />
<br />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of
<br />First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30)~ days
<br />from and after the date on which the City has approved this Agreement.
<br />
<br />2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided,
<br />said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions,
<br />restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases,
<br />clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the
<br />title to said real property to be conveyed by Seller to City shall be free and clear as above provided. Seller
<br />further agrees that acceptance by City of any deed to said real property, with or without knowledge of any
<br />condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance, lien, lease,
<br />cloud or defect in title, shall not constitute a waiver by City of its fight to the full and clear title hereinabove
<br />agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of
<br />Seller to convey title as hereinabove provided.
<br />
<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.
<br />
<br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property
<br />to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy
<br />of title insurance to be issued by the above mentioned title company, with the City therein named as the insured,
<br />
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