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INSURANCE NOT REQUIRED �. A-2022-197 WORK iNAY PROCEED CLERK OF COUNCIL DATE: AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY ). PWfr 0 (f-hPht0s)1 This AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY ("Agreement's, dated as of Nji 1 Zb 2023, is entered into by and between the CITY OF SANTA ANA, a California municipal corporation ("City"), and COUNTY OF ORANGE, a political subdivision c of the State of California ("County"). County and City are sometimes referred to in this Agreement individually as "Party' or collectively as "Parties." a RECITALS A. County is the fee simple owner of that certain real property located in the City of Santa Ana, County of Orange, State of California, including, but not limited to, land, structures, and vertical assets, as more particularly described in Exhibit A, attached hereto, and incorporated herein by reference ("County Property'). B. City is the fee simple owner of and holds certain interests in that certain real property located in the City of Santa Ana, County of Orange, State of California, including, but not limited to, land, structures, and vertical assets, as more particularly described in Exhibit B, attached hereto, and incorporated herein by reference ("City Property"). C. City desires to exchange the City Property (as more particularly defined in Section 1.2 below) for the County Property (as more particularly defined in Section 1.1 below) and County desires to exchange the County Property for the City Property, pursuant to the terms and conditions of this Agreement. D. As used herein, the terms County Property and City Property may hereinafter be referred to from time to time collectively as the "Properties." AGREEMENT NOW, THEREFORE, based upon the foregoing facts, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Property Exchange. Upon the satisfaction or waiver of all of the conditions precedent to the Closing set forth in Section 5 below, as of Closing, (a) City shall acquire the County Property from County, and (b) County shall acquire the City Property from City (the "Exchange"). 1.1 County Property. County Property shall include all of the following: 1.1.1 Land. Fee simple interest in the real property described on Exhibit A hereto, including, but not limited to, land, structures, and vertical assets located on or under the real property. 1.1.2 Appurtenances. All rights, privileges and easements currently held by County which are appurtenant to the County Property, including, without limitation all vertical Project Name: Septa Ma Property Exchange