25G - AGMT - COUNTY EASEMENT SA BLVD AND FLOWER

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'I. DEFINITIONS "Agreement" means this Second Easement Deed and Agreement, "County" means the County of Orange, Actions to be taken by County under this Agreement shall be taken by the Board of Supervisors of the County of Orange, which executed this Agreement or its representatives specifically authorized to take such actions under this Agreement. "City Engineer" means the City Engineer of the City of Santa Ana. 2. JOINT EXERCISE OF POWERS AGREEMENT GRANTOR and GRANTEE entered into a Joint Exercise of Powers Agreement ( "JPA ") dated January 17, 1966, which was amended and restated on September 30, 2014 and created a joint powers agency known as the Orange County Civic Center Authority (hereinafter referred to as "Authority„ ) to develop a comprehensive Civic Center for the purpose of orderly construction and maintenance of various governmental facilities, including the City of Santa Ana and County governments, and accessory structures. The Distribution Facilities Project is consistent with the orderly development of the Civic Center as provided in the JPA and such improved and upgraded facilities will benefit the Civic Center including GRANTOR's and the Authority's property. GRANTEE's use of the Easement Area shall be specifically limited to the use set forth above in this Agreement. GRANTEE, at GRANTEE's sole cost, shall comply with all applicable laws, rules and regulations now or hereafter promulgated pertaining to its permitted use of the Easement Area. GRANTEE acknowledges and agrees that GRANTOR shall have unrestricted ingress and egress and use of the Easement Area at all times. 3. MAINTENANCE OF EASEMENT AREA GRANTEE and its contractors, agents, and employees shall have the right of access to and from the Easement Area at all times for the purpose of exercising the rights herein granted. Should it be necessary for GRANTEE to disturb the surface of the Easement Area at any time, GRANTEE agrees to provide GRANTOR's City Engineer or designee a thirty (30) day advance written notice and to obtain written approval of all plans for construction, reconstruction and major repair and/or maintenance prior to commencement thereof. Said approval shall not be withheld unreasonably. in the event of an emergency situation, GRANTEE shall notify GRANTOR's City Engineer or designee within twenty -four (24) hours of any necessary improvements, modifications or repairs. Any such Improvements, modifications or repairs constructed by GRANTEE on an emergency basis must nevertheless not unreasonably Interfere with GRANTOR's use of the Easement Area. Under the rights granted herein: a) any excavation made shall be made in such a manner as will cause the least injury to the surface of the ground around such excavation, b) the earth so removed by such excavation shall be replaced, c) the surface of the ground shall be promptly restored as existed prior to excavation to the reasonable satisfaction of the City Engineer or designee, d) GRANTOR's improvements shall be protected in place, e) GRANTEE shall be solely responsible for the cost of repair or replacement of GRANTOR's 25G -10