25J - AGMT - NEGOTIATION WITH MA MAY THET NAING

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EXCLUSIVE NEGOTIATION AGREEMENT This Exclusive Negotiation Agreement ("Agreement ") is dated August_ 2016, for reference purposes only, and is entered into by and between the CITY OF SANTA ANA, a California charter city in the County of Orange of the State of California ( "City ") and Ma May Thet Naing ( "Naing "), in order to provide a specified period of time to attempt to negotiate a real property exchange. City and Naing are sometimes referred to in this Agreement individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the following recited facts (each, a "Recital"): RECITALS WHEREAS, the intent of the Parties in entering into this Agreement is to establish a specific, limited period of time to negotiate regarding a future agreement between them governing the potential exchange of certain real property, subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated and documented in a future Agreement; and WHEREAS, the real property owned by the City which is contemplated to be exchanged, is located at 1416 So. Bristol Street, Santa Ana, CA (APN # 109- 266 -17), depicted on the "Site Map" attached hereto as Exhibit No. 1 (the "City Property "); and WHEREAS, the real property owned by the Naing which is contemplated to be exchanged is located at 1113 to 1125 So. Standard Street, Santa Ana, CA (APN # 011- 251.17, - 18, -19, -20, -38 and -39), cepicted on the "Site Map" attached hereto as Exhibit No. 2 (the "Naing Property "); and WHEREAS, the Parties now agree to enter into this Agreement for the propose of further planning and evaluating the feasibility of an exchange of the City Property and the Naing Property (together referred to as the "Properties "); anal WHEREAS, City is willing to enter into a period of exclusive negotiations with Naing concerning the potential exchange of the Properties referenced above, subject to the terms and conditions of this Agreement; NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE PARTIES RELATING TO THE POTENTIAL EXCHANGE OF PROPERTY AND THE COVENANTS AND PROMISES OF THE CITY AND NAING SET FORTH IN THIS AGREEMENT, AND FOR GOOD AND VALUABLE CONSIDERATION, TIIE SUFFICIENCY AND RECEIPT OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES, THE CITY AND NAING AGREE AS FOLLOWS: 1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. EXHIBIT 1 25J -3