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CITY OF COLTON <br />2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT <br />AND JOINT ESCROW INSTRUCTIONS <br />(Assessor Parcel Numbers 0163-381-01 & 02) <br />THIS 2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT <br />ESCROW INSTRUCTIONS (Assessor Parcel Numbers 0163-381-01 & 02) (this "Agreement") <br />is dated as of September 16, 2008 for reference purposes only, and is entered into by and <br />between the CITY OF COLTON, a municipal corporation (`Buyer"), and THE WILDLANDS <br />CONSERVANCY, a California nonprofit public benefit corporation ("Seller"). Buyer and <br />Seller enter into this Agreement with reference to the following recited facts (each a"Recital"): <br />RECITALS <br />A. Seller is the owner of that certain approximately seventeen (17) acres of real <br />property located in the City of Colton, County of San Bernardino, State of California, commonly <br />known as Assessor Parcel Numbers 0163-381-01 & 02 and more particularly described in <br />Exhibit "A" attached to this Agreement (the "Property"); <br />B. Buyer desires to purchase the Property for use as open space for recreational <br />purposes, water well or water system recharge basins or habitat conservation; and <br />C. Seller desires to sell the Property to Buyer and Buyer desires to purchase the <br />Property from Seller on the terms and conditions set forth in this Agreement. <br />NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE <br />PROMISES AND COVENANTS OF BUYER AND SELLER SET FORTH IN THIS <br />AGREEMENT, BUYER AND SELLER AGREE AS FOLLOWS: <br />AGREEMENT <br />1. DEFINITIONS <br />1.1 Defined Terms. The following words, terms and phrases are used in this <br />Agreement with the following meanings, unless the particular context of usage of a word, term <br />or phrase requires another interpretation: <br />1.1.1 Buyer. The City of Colton, a municipal corporation. <br />1.1.2 Buyer Parties. Collectively, the Buyer, its governing body, elected <br />officials, employees, agents, officers, members, partners, shareholders and attorneys. <br />1.1.3 Buyer Party. Individually, the Buyer, its governing body, elected <br />officials, employees, agents officers, members, partners, shareholders or attorneys. <br />1.1.4 Benefits. Defined in Section 2.10.1. <br />SDPUB\DW [LL[AMS�369766.1 -1- <br />