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Property to the Grantee is for the purpose of Grantee's use of the Property in <br /> conjunction with Grantee's Capital Improvement Program for Modification to the <br /> Law Library Deck (Plaza of the Fountains) and Access as set forth in that <br /> unrecorded Transfer Agreement between Grantor and Grantee dated <br /> The Grantor and Grantee agree that Grantee shall commence the construction of <br /> the Project no later than five (5) years from the date of execution of this deed, and <br /> should the Grantee fail to do so, then the Property shall revert to the County, and <br /> it shall be lawful for Grantor to re-enter, to have, and to enjoy the Property as of <br /> its former estate. Title to the Property thereupon shall vest in Grantor and all <br /> right, title, and interest therein of Grantee shall terminate; but Grantee shall <br /> quitclaim all interest in the Property set forth in this deed, record such quitclaim <br /> deed related thereto, and provide a copy of the recorded quitclaim deed to the <br /> County no later than 60 days after such reversion. As used herein, the term <br /> "Permitted Delay" shall refer to any delay resulting from acts of God; fire; <br /> earthquake; flood; explosion; action of the elements; war; invasion; insurrection; <br /> riot; mob violence; sabotage; malicious mischief, inability (notwithstanding <br /> good faith and diligent efforts) to procure (or general shortage of) labor, equipment, <br /> facilities, materials, or supplies in the open market; failure of transportation; <br /> strikes (other than any strike resulting from acts of Grantee); lockouts; action of labor <br /> unions; condemnation laws; requisition or order of government or civil or military or <br /> naval authorities; or any other similar cause to those stated above, not within <br /> Grantee's reasonable control. Notwithstanding anything to the contrary contained <br /> herein, in no event shall financial inability constitute Permitted Delay <br /> 4. Grantor shall also reserve and retain for itself an access easement(s) running north <br /> and south along the length of the Law Library and include a pathway of travel to <br /> connect adjacent County properties. The access easement will be legally <br /> described and granted after the City has completed their construction design and <br /> County reviews and approves said design and legal description. The parties agree <br /> to subsequently amend this deed to record the final legal description after the <br /> City's completion of construction and County's approval of the design and <br /> description. <br /> Project Name:Santa Ana Property Exchange <br />