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The following improvements within or adjacent to the TPSSE area will be constructed <br />and/or replaced in kind by OCTA: <br />0 8 -foot tall fencing similar to adjacent fencing <br />o Pavement around TPSS unit and electrical equipment <br />o Raised parking lot island with concrete curb <br />o Landscape and irrigation <br />Drainage patterns and/or systems will be maintained during construction and restored to <br />pre-existing conditions. <br />Prior to the termination of the Construction Period, OCTA will remove from the TPSSE <br />area all construction equipment and materials including, without limitation, any temporary <br />fence, any temporary improvements, and all construction -related debris. The area around <br />the TPSSE and unit will be restored to a condition that is as functionally equivalent as is <br />practicable to its condition prior to commencement of the construction activities, as <br />indicated above, unless otherwise agreed to in writing between OCTA and owner. <br />The TPSS unit and electrical equipment will be enclosed by a fence/gate and will be locked. <br />There shall not be constructed any improvement in, on, over, under, across or within the <br />TPSSE that would impede the rights as defined herein. Once the TPSS unit is in place, a <br />portion of the surface of the TPSSE may be used for access including fire access. <br />OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same <br />rights and limitations described herein. <br />Dated this day of 2018. <br />City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the <br />Constitution and laws of the State of California <br />Raul Godinez, II <br />City Manager <br />Approved as to Form: <br />0 <br />Sonia R. Carvalho <br />City Attorney <br />Approved as to Form: <br />M <br />Fuad S. Sweiss <br />Executive Director, Public Works Agency <br />1201539.1 20A-24 <br />