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2023-06-26 DP Unit 78 Bill of Sale - Alejandro MartinezBILL OF SALE This Bill of Sale ("Bill of Sale") is made and entered into as of June 16, 2023, by and between Alejando Jacobo Martinez ("Seller"), and the City of La Quinta, hereinafter ("City"), with reference to the following facts. RECITALS: A. Seller and City are parties to that certain Agreement for Sale of Mobile Homes Agreement, made and entered into as of June 16, 2023 (the "Purchase Agreement"), pursuant to which Seller, subject to certain terms and conditions, agreed to sell and convey to City, and City agreed to purchase the Mobile Home (as defined in the Purchase Agreement) from Seller. B. Seller desires to sell and transfer the Mobile Home to City. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT: 1. Defined Terms. All capitalized terms used and not otherwise defined in this Bill of Sale, but defined in the Purchase Agreement, shall have the meaning set forth in the Purchase Agreement. 2. Sale. Seller hereby grants, sells, conveys, transfers and delivers to City, any and all of Seller's rights, title and interests in and to the Mobile Home. 3. Limited Warranties. Seller represents and warrants to City that Seller has good and marketable title to the Mobile Home and Seller is conveying the Mobile Home to City free of all liens, encumbrances or other claims, except as otherwise provided in the Purchase Agreement. The foregoing representations and warranties of Seller set forth in this Bill of Sale shall be deemed continuing representations and warranties made by Seller and shall survive the date hereof. 4. Counterparts. This Bill of Sale may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 5. Applicable Law. This Bill of Sale shall be governed by and construed in accordance with the internal laws of the State of California, regardless of any laws on choice of or conflicts of law of any jurisdiction. 6. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Bill of Sale are solely for the convenience of the parties hereto, are not a part of this Bill of Sale, and shall not be used for the interpretation or determination of the validity of this Bill of Sale or any provision hereof. 7. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties hereto. 8. Severability. If one or more provisions of this Bill of Sale are held to be void or unenforceable in whole or in part, the remaining provisions will continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date first written above. Address: 46400 Dune Palms Road, Unit 78 La Quinta, California SELLER: SIGNED IN COUNTERPART Name: Alejandro Jacobo Martinez Name: CITY:_city of La Quinta By: --'`-_- - ___. ATTEST: By: APPROVED AS TO FORM: By: AiL.e_. William H. Ihrke, City Attorney cMillen, City Manager Monika Rade►ia, City Clerk &lalb Is-04-.3 IN WITNESS WHEREOF, the parties have executed this Bill of Safe as of the date first written above. Address: 46400 Dune Palms Road, Unit 78 La Quinta, California SELLER: ir-1(P Anc 0.cc c Name: Alejandro Jacobo Martinez c&v014) a.coLO Nme: CITY: City of La Quinta By: SIGNED IN COUNTERPART Jon McMillen, City Manager ATTEST: By: SIGNED IN COUNTERPART Monika Radeva, City Clerk APPROVED AS TO FORM: By: SIGNED IN COUNTERPART William H. lhrke, City Attorney