ORANGE COUNTY FLOOD CONTROL DISTRICT (5) - 2010

Home Browse Search

shall.be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due. 10." NOTICES (M ES12AS) All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed seined or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other party at least ten (10) calendar days' prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by facsimile and so given shall be deemed to have been given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Parry's regular business -day, otherwise delivery shall be deemed to have been given on the neat business day. To DISTRICT: Orange County Flood Control District c/o OC Public Works/Real Estate Services P.O. Box 4048 Santa Ana, CA 92702-4048 (300 N. Flower Street, Santa Ana 92703) Facsimile: 7141834-2870 11. VENUE (PMES 13.1 S) To GRANTEE: City of Santa Ana Attention Deputy City Engineer Public Works Agency P.O. Box 1988 (20 Civic Center Plaza) Santa Ana, CA 92702 Facsimile: The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 12. WAIVER OF RIGHTS (PMES 14.1 S) The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. 13. SEVERABILITY (PMES I S.I S) If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Street/Highway Easement - OCFCD to City of Santa Ana S 08/04/10