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APPR0\1EQ Cllr <br />By <br />CITY C <br />Date 1 v <br />Item # <br />REAL PROPERTY PURCHASE AND SALE CONTRACT <br />TERMINATION AGREEMENT <br />(Aqua Mansa River Farms) <br />THIS REAL, PROPERTY PURCHASE AND SALE CONTRACT TERMINATION <br />AGREEMENT (Aqua Mansa River Farms) (this —Agreement") is entered into by and between <br />AGUA MANSA RIVER FARMS, L.P., a California Limited Partnership, JO RIVILA, <br />TRUSTEE OF THE JO RIVEL.A 'TRUST DATED SEPTEMBER. 4, 1995 and NICHOLAS <br />DEEB HADDAD, TRIJSTEE OF TME HAD.DAD FAMILY TRUST DATED OCTOBER 31, <br />1994 (collectively "Sellers"), and the CITY OF COLTON a California municipal corporation <br />(the "City"), as of October 14, 2005 (the "Effective Date"). The Sellers and the..City, are <br />sometimes referred to in this Agreement, each individually, as a "Party," or, collectively, as the <br />"Parties." The Sellers and the City enter into this Agreement with reference to the following <br />recited facts (each a "Recital"): <br />Recitals <br />A. The City and the Sellers entered into that certain Real Property Purchase and Sale <br />Agreement, dated as of May 3, 2005 (the "Purchase Agreement"), regarding that certain real <br />property described in that Purchase Agreement and this Agreement as the "Property".- <br />B. <br />Property"; <br />B. The City has or has been deemed to have disapproved the title and other <br />conditions of the Property under the Purchase Agreement; <br />C. Also, the Sellers have entered into negotiations to sell the Property to AMB <br />Properties, Inc.; <br />D. As a result, the City and the Sellers desire to terminate their respective rights and <br />obligations under the Purchase Agreement; <br />NOW, TIIEREFORE, FOR AND IN CONSIDERATION OF- THE PROMISES SET <br />FORTH IN 'PHIS AGREEMENT AND OTHER GOOD' AND VALIJABLE <br />CONSIDERATION, 'THE SELLERS AND THE CITY AGREE, AS FOLLOWS: <br />1. Incon2oration of Recitals. The Recitals set forth above are true and correct and <br />are incorporated into this Agreement by this reference, as though fully set :forth in this <br />Agreement. <br />2. Purchase Agreement Termination. The Sellers and the City hereby mutually <br />terminate the Purchase Agreement. Neither the City nor the Sellers shall have any further right <br />or obligation under the Purchase Agreement, as of the Effective Date. <br />RVPLJB\DGWl701063.1 1 <br />