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3 <br />5 <br />7 <br />9 <br />11 <br />13 <br />15 <br />17 <br />19 <br />21 <br />23 <br />25 <br />27 <br />29 <br />31 <br />33 <br />35 <br />37 <br />39 <br />41 <br />43 <br />45 <br />47 <br />49 <br />shall coordinate such modifications with GRANTEE to minimize the amount of said relocation <br />and disruption of GRANTEE's services. GRANTEE acknowledges and allows the presence of <br />the existing structures and lesser rights to remain within the Easement Area. <br />During construction of the Distribution Facilities, all reasonable efforts shall be made by <br />GRANTEE to protect existing facilities in place whether said facilities are GRANTOR's facilities <br />or other public utility facilities. Should any relocation of any portion of said existing facilities be <br />desired then said relocation shall be approved by GRANTOR, which approval shall not be <br />unreasonably withheld. The rights granted herein are subject to GRANTEE returning the surface <br />of the land being granted to its original condition or as near thereto as reasonably possible to <br />the satisfaction of the City Engineer or designee as determined and approved in writing by the <br />City Engineer or designee upon completion of any construction, which approval shall not be <br />unreasonably withheld. GRANTEE shall provide and pay for alternative parking within the Civic <br />Center and for continuous access to the structures during periods of construction and relocation <br />to the satisfaction of the City Engineer or designee. <br />17. VENUE (PMES9.1 S) <br />The parties hereto agree that this Agreement has been negotiated and executed in the State of <br />California and shall be governed by and construed under the laws of California. In the event of <br />any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a <br />court of competent jurisdiction located in Orange County, California, and the parties hereto <br />agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil <br />Procedure Section 394. Furthermore, the parties hereto specifically agree to waive any and all <br />rights to request that an action be transferred for trial to another County. <br />18. NOTICES (PMES11.1 S) <br />All notices, documents, correspondence, and communications concerning this Agreement shall <br />be addressed as set forth in this paragraph, or as the parties may hereafter designate by written <br />notice, and shall be sent through the United States mail, duly registered or certified with postage <br />prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after <br />mailing. Each party may change the address for notices by giving the other party at least ten <br />(10) calendar days prior written notice of the new address. <br />Notwithstanding the above, GRANTOR and GRANTEE may also provide notices, documents, <br />correspondence, or such other communications to the other party by personal delivery, <br />electronic mail, or facsimile and, so given, shall be deemed to have been given upon receipt if <br />provided by personal delivery, electronic mail, or facsimile. <br />GRANTEE <br />County of Orange <br />RDMD, Corporate Real Estate <br />300 N. Flower St., Suite 646 <br />Santa Ana, CA 92703-5000 <br />Attn: Manager <br />GRANTOR <br />City of Santa Ana <br />Public Works Agency <br />20 Civic Center Plaza <br />P. O. Box 1988, M-21 <br />Santa Ana, CA 92702 <br />Attn: City Engineer <br />And County of Orange <br />RDMD, Central Utility Facility <br />525 N. Flower St. <br />Santa Ana, CA 92703 <br />Attn: Manager <br />25120 <br />