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