25I - RIGHT-OF-WAY FIRST ST BRIDGE

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PURCHASE AND SALE AGREEMENT First Street Bridge Widening THIS AGREEMENT, entered into on October 18, 2010, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "CITY"), and ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter "DISTRICT"), regardless of number or gender- RECITALS 1 . CITY desires to improve the First Street Bridge over the Santa Ana River to accommodate three traffic lanes in each direction, and provide sidewalks on the north and south side of the bridge (hereinafter "the Project"); and 2. The improved bridge requires additional easement from the DISTRICT over the Santa Ana River; and 3. The Orange County Board of Supervisors has granted the City aRight-of--Entry for construction of the Project; and 4. The CITY requires a perpetual easement for street and highway purposes. THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, DISTRICT agrees to grant to CITY, in exchange for the consideration described herein, a perpetual easement for street and highway purposes (the "Easement") and a temporary construction easement, in, on, over, upon and across that certain real property (hereinafter the "Easement Area") legally described and depicted in the Easement Deed, attached hereto as Exhibit A. The creation of the Easements shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions: 1 . Grant of Easement DISTRICT agrees to execute anon-exclusive, perpetual Easement in the form of the Easement Deed set forth in Exhibit "A" to this Agreement. 2. Payment of Purchase Price. CITY agrees to pay to DISTRICT, and DISTRICT agrees to accept from CITY, as and for the full purchase price for Easement, the total sum of Forty Thousand Nine Hundred and No/100 Dollars ($40,900.00) (the "Purchase Price"). 3. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the CITY and DISTRICT. 4. No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 5. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 6. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 251-3