ASSESSOR PARCEL NO.: 234-121-25
SELLER: ANAHEIM EAST VERMONT, LLC
BUYER: CITY OF ANAHEIM
CITY OF ANAHEIM
AGREEMENT FOR SALE OF PROPERTY
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR SALE OF PROPERTY AND JOINT ESCROW
INSTRUCTIONS (the "Agreement") is dated for identification only as of [ ], 2025 ("Date of Agreement"), by and between Anaheim East Vermont, LLC, a California limited liability company (hereinafter called "Seller"), and the City of Anaheim, a California municipal corporation and charter city (hereinafter called "Buyer"), for acquisition by Buyer of certain property as hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS
FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to selL convey, transfer and deliver to Buyer, and Buyer agrees to purchase from Seller, upon tbe terms and for the consideration set forth in this Agreement, all of the following property (hereinafter collectively called the "Property"):
A. Real Property. That certain real property together with Seller's right, title and interest, if any, in and to all improvements, mineral interests, easements. rights of way, licenses, interests, rights and appurtenances pertaining to the real property, situated in the City of Anaheim, County of Orange, State of California, and legally described in Exhibit A attached hereto, and commonly known as 514-522 E. Vermont Avenue, Anaheim. California (the ''Real Properly").
The Real Property includes the buildings located thereon (the "Bui le.lings··). Tbe Buildings are currently subject to occupancy by two (2) Tenants as described in Paragraph 3.
B. Personal Property. The racking and the safe located in the Building free and clear of any and all liens, liabilities, encumbrances, exceptions and claims. other than the Assumed Contracts ( collectively, the "Remajoing Personal Propert "). provided however. that the Remaining Personal Property shall specifically exclude all other personal property of Seller. including. but not limited to, Seller's inventory. and any Intangible Property as defined below.
C. Assumed Contracts. All of the Contracts (as defined in Pan:w.raph 5.A) which Buyer has expressly agreed to assume in writing upon the Closing pursuant to a written notice by Buyer delivered to Seller prior to the expiration of the Due Diligence Period (collectively, the " ssumed ontracts"). In the event Buyer fails to deliver to Seller Buyer·s written election to assume one or more of the Contracts pursuant to this Paragraph ] .E, such failure shall be deemed to constitute Buyer's election not to assume any of the Contracts and upon such failure. Seller shall terminate all Contracts Buyer has not elected to assume effective no later than tbe Closing l'urch,1se Agn::emenl 5 J-i-522 E. Vermont Ave Page I
Recording Requested by:
City Clerk of the City of Anaheim
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAHEIM
P.O. Box 3222
Anaheim, California 92803
EXEMPT FROM RECORDING FEE -
GOVER
NMENT AGENCY
(Government Code §§6103 & 27383)
By:
City Clerk, City of Anaheim
SPACE ABOVE THIS LINE FOR RECORDER’S USEAPN: 234-121-25 DOCUMENTARY TRANSFER TAX $0.00 – R&T 11922* City Deed # ___________ *Conveyance is an exempt governmental entity or political subdivision Computed on Full Value of Property
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledg ed, ANAHEIM EAST
VERMONT, LLC, a California limited liability compa ny(“Grantor”) does hereby GRANT to the CITY OF ANAHEIM, a municipal corporation (“Gr antee), the real proper ty situated in the City of Anaheim, County of Orange, State of California, described as follows:
See Exhibits “A” attached hereto and incorporated by reference herein.
ANAHEIM EAST VERMONT, LLC
a California Limited Company
Date: __________ Name: _________________________
By: _________________________
Its: _________________________
EXHIBIT “A”
LEGAL DESCRIPTION
The real property referred to herein is situated in the City of Anaheim, County of Orange, State of California, and is described as follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 96-151, AS SHOWN ON A MAP FILED IN BOOK 308, PAGES 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HA LF INTEREST IN AND TO ALL OIL,
GAS, MINERAL OR HYDROCARBON SUBSTANCES , AS RESERVED IN THE DEED FROM F. H. BETTS AND WIFE, TO C. J. MAUERHAN RECORDED SEPTEMBER 18, 1946 IN BOOK 1457, PAGE 137 OF OFFICIAL RECORDS.
PARCEL B:
AN APPURTENANT, NON-EXCLUSIVE EASEME NT FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND PARKING PURPOSES , OVER THE COMMON AREA OF PARCEL 1 OF PARCEL MAP NO. 96-151, AS SHOWN ON A MAP FILED IN BOOK 308, PAGES 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, AS SAID EASEME NT IS SET FORTH AND COMMON AREA IS
DEFINED IN THAT CERTAIN RECIPROCAL EASEMENT AND OPERATION AGREEMENT RE-RECORDED JULY 15, 1999 AS INSTRUME NT NO. 19990521501 OF O FFICIAL RECORDS OF SAID ORANGE COUNTY.
CERTIFICATE OF ACCEPTANCE OF AN INTEREST IN REAL PROPERTY
BY THE CITY OF ANAHEIM
(California Government Code §27281)
This is to certify that the interest in real property conveyed by the foregoing GRANT DEED dated ____________ from ANAHEIM EAST VERMONT, LLC, a California limited liability company (_____________, as____________), is hereby accepted by the Anaheim City, and the grantee consent to recordation thereof by its duly authorized officer, namely the Director of Public Works.
Accepted by and on behalf of the City of Anaheim
Dated: BY:
Rudy Emami
Director of Public Works
City Deed No. [CITY DEED NO]
ATTEST:
BY:
Theresa Bass, CMC
City Clerk
City of Anaheim, CA
(Seal) Dated:
SCHEDULE 2
EXHIBIT “A”
LEGAL DESCRIPTION
The real property referred to herein is situated in the City of Anaheim, County of Orange, State of California, and is described as follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 9 6-151, AS SHOWN ON A MAP FILED IN BOOK 308, PAGES 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY R ECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL,
GAS, MINERAL OR HYDROCARBON SUBSTANCES, AS RESERVED IN THE DEED FROM F. H. BETTS AND WIFE, TO C. J. MAUERHAN RECORDED SEPTEMBER 18, 1946 IN BOOK 1457, PAGE 137 OF OFFICIAL RECORDS.
PARCEL B:
AN APPURTENANT, NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND PARKING PURPOSES, OVER THE COMMON AREA OF PARCEL 1 OF PARCEL MAP NO. 96-151, AS SHOWN ON A MAP FILED IN BOOK 308, PAGES 21 AND 2 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, AS SAI D EASEMENT IS SET FORTH AND COMMON AREA IS
DEFINED IN THAT CERTAIN RECIPR OCAL EASEMENT AND OPERATION AGREEMENT RE-RECORDED JULY 15, 1999 AS INSTRUMEN T NO. 19990521501 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXHIBIT E
FORM OF ASSIGNMENT AND ASSUMPTION OF CONTRACTS
This ASSIGNMENT AND ASSUMPTION OF CONTRACTS (this "Assignment '·) is executed as of the_ day of _______ . 2025 ("Assignment Date"), by and between Anaheim East Vermont. LLC. a California limited liability company ("Assignor"), and CITY OF ANAHEIM, a California municipal corporation and chm1er city ("Assignee").
RE C I T A LS:
A. Assignor and Assignee are parties to that certain Agreement for Sale of Property and Joint Escrow Instructions dated as of [ ] (the "Agreement"), pursuant to which Assignor agreed to sell to Assignee, and Assignee agreed to purchase from Assignor the Property.
Capitalized terms used herein and not separately defined shall have the same definitions as set f011h in the Agreement.
B. Assignee has acquired fee title to the Real Property from Assignor on the Assignment Date. Assignor now desires to assign and transfer to Assignee all of Assignor·s rights and interests in and to all warranties and guarantees provided to Assignor by vendors and/or contractors with respect to the real and personal property described in Schedule 1 hereto (collectively. the "Contracts"').
NOW. THEREFORE. in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows:
1. Assignment and Sllmpt..ion. Effective as of the Assignment Date. Assignor hereby grants, transfers. conveys, assigns and delegates to Assignee all of its rights and interests of Assignor in, to and under the Contracts that are set forth in Attachment No. 1 attached hereto and made a part hereof; provided, however, such assignment, transfer and sale shall not include any rights or claims arising prior to the Assignment Date which Assignor may have against any party to the Contracts.
2. No Warranties. Assignor is transferring each of the Contracts to Assignee (to the extent the terms of any of the Contracts do not limit or restrict such right) without any warranty of any kind or nature. This Assignment shall not be construed as a representation or warranty by Assignor as to the transferability or enforceability of the Contracts, and Assignor shall have no liability to Assignee in the event that any or all of the Contracts (a) are not transferable to Assignee or (b) are canceled or terminated by reason of this Assignment or any acts of Assignee.
Notwithstanding any provisions of this Assignment to contrary effect, Assignor is released and exonerated from any duties. liabilities or obligations with respect to the Contracts which arose prior to the transfer of such Contracts.