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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />DATE: <br />ASSIGNMENT AND ASSUMPTION AGREEMENT <br />A-2022-197-04 <br />This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is <br />v entered into as of kv, l 2023, by and between the COUNTY OF <br />ORANGE, a political subdivision of the State of California ("Assignor"), and the CITY OF <br />SANTA ANA, a California municipal corporation, and ("Assignee"). Assignor and Assignee are <br />sometimes referred to herein individually as a "Party" and collectively as the "Parties." <br />RECITALS <br />A. On July 2, 1969, Assignor entered into an agreement ("Agreement") with <br />the Orange County Japanese American Community Service, Inc., a California non-profit <br />corporation ("JACS" ), where in Assignor set aside a certain parcel of land within the Civic <br />Center for the construction of a Japanese Garden ("Japanese Garden") as depicted on Exhibit A, <br />attached hereto and incorporated herein by this reference. <br />B. Pursuant to the Agreement, attached hereto as Exhibit B and incorporated <br />herein by this reference, JACS agreed to build and did build the Japanese Garden at no cost to <br />Assignor. The Assignor accepted the Japanese Garden and agreed to maintain it as a Japanese <br />Garden. <br />C. Assignor has quitclaimed land to Assignee that includes the Japanese <br />Garden. <br />D. Assignor desires to assign its rights and delegate its obligations under the <br />Agreement to Assignee, and Assignee desires to accept the assignment of the Agreement and <br />assume all of Assignor's obligations under and related to the Agreement as provided herein. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing recitals, the mutual <br />covenants herein contained, and other valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged, the Parties agree as follows: <br />1. Assignment by Assignor. Effective as of the Effective Date (as defined <br />below), Assignor hereby assigns to Assignee all of Assignor's rights and delegates to Assignee <br />all of Assignor's obligations under the Agreement. <br />2. Assumption by Assignee. Effective on the Effective Date, Assignee, for <br />the benefit of Assignor, (a) accepts and assumes all of Assignor's rights and obligations under <br />the Agreement, and (b) agrees to be bound by the terms of the Agreement after the Effective <br />Date. <br />3. Effective Date. This Assignment shall be deemed effective as of <br />April 27 , 2023 (the "Effective Date"). <br />1 <br />