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EXHIBIT 3 <br />Page 5 of 8 <br />TO CITY: <br />City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />With a copy to: <br />City of Santa Ana <br />Attn: Executive Director of the Public Works <br />20 Civic Center Plaza (M-21) <br />Santa Ana, California 92702 <br />TO COUNTY: <br />County of Orange <br />Attn: Chief Real Estate Officer <br />CEO Real Estate <br />333 W. Santa Ana Blvd., 3rd Floor <br />Santa Ana, CA 92701 <br />3 W. Santa Ana Blvd. <br />7. Termination of Occupancy. <br />a. County accepts the License Areas in an “as is” condition and upon termination or <br />revocation of this License, County shall, at its own cost and expense, remove any improvements <br />installed, as stated below, and maintained by County and surrender possession of the License <br />Areas to the City in good order and repair and as nearly practicable to the state and condition in <br />which it existed prior to the grant of the License, to the satisfaction of City. The County shall <br />not be required to remove its Overhangs from the City’s Street unless the Overhangs <br />substantially interfere with other City related public projects. <br />8. Miscellaneous. <br />a. Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws of the State of California. <br />b. Remedies. Either party shall, in addition to all other rights provided herein or as <br />may be provided by law, be entitled to the remedies of specific performance and injunction to <br />enforce its rights hereunder, except to the extent expressly provided to the contrary in this <br />Agreement. All rights and remedies under this Agreement are cumulative and no one of them <br />shall be exclusive of any other, and each party shall have the right to pursue any one or all of <br />such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br />c. Counterparts. This Agreement may be executed in two (2) or more counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br />d. Non-Liability of Public Officials. No officer, employee, member, agent or <br />representative of City shall be personally liable to County, or any successor in interest, in the <br />event of any default or breach by City, or for any amount which may become due to County or <br />its successor, or for any breach of any obligation of the terms of this Agreement.