FIRST AMERICAN FINANCIAL CORPORATION (5)

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MJK: nr 2-17-77 A G R E E M E N T THIS AGREEMENT, made and entered into this day of 1977, at Santa Ana, Orange County, California, by and between the City of Santa Ana, a municipal corporation of the State of California ("CITY") and the First American Financial Corporation, a California corporation ("FIRST AMERICAN"). W I T N E S S E T H Recitals: 1. FIRST AMERICAN has redeveloped the city block in the City of Santa Ana bounded by Fourth and Fifth Streets and Main and Bush Streets for use as its national headquarters offices. 2. CITY has required trees to be planted in tree wells in the parkway along Bush and Fifth Streets, said trees being designated by CITY as Carrotwood trees. 3. FIRST AMERICAN wishes to replace said Carrotwood trees with Indian Laurel trees. 4. Indian Laurel trees require a great deal more care and maintenance than other types of trees including Carrot - wood trees. WHEREFORE, for and in consideration of their mutual covenants and agreements hereinafter contained, and subject to all of the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. CITY will remove all Carrotwood trees planted in six tree wells in the parkway along Bush Street, between Fourth and Fifth Streets and along Fifth Street between Bush and Main Streets, Santa Ana, California. 2. FIRST AMERICAN will plant six Indian Laurel trees in said tree wells.