|
It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and
<br />their successors and assigns that the rights granted herein are subject to and limited by the
<br />following:
<br />Reservation: The easement and right-of-way granted herein are subject to the rights of Grantor, its
<br />successors, and assigns to use the surface of the land within the boundaries of the Easement Area in any
<br />and all ways not inconsistent with the non-exclusive rights granted hereby; provided, however, that no
<br />improvements shall be constructed, placed, or permitted within, upon, under, or above the Easement
<br />Area until such constnu tion and/or maintenance plans have first been approved in writing by Grantee
<br />and any applicable permits have been obtained from Grantee after payment of nomial processing les,
<br />Grantor agrees that it shall not grant any surface, subsurface, or aerial rights in the Easement Area as will
<br />unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein.
<br />Maintenance/Repairs: Ali improvements owned, constructed, placed, or perniltted within, upon,
<br />under, or above the Easement Area by Grantor shallbe operated and maintained at no cost to Grantee,
<br />and Grantor shall maintain such improvements in a good state of repair. Grantee shall promptly, at its
<br />sole cost, repair any damage exceedn-g normal wear and tear caused by Grantee to the Easement Area.
<br />Such repair shall be to approximately the same condition as existed immediately prior to the occurrence
<br />of such damage, Grantor shall otherwise maintain the Easement Area.
<br />Hold Harmless: Grantee shall indennvfy and hold Grantor, its officers, directors, employees, and
<br />representatives hannless from and against any and all actions, claims, demands, judgments, attorneys'
<br />fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind
<br />that may be asserted or claimed by any person or entity arising out of or in connection with this
<br />Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use of the
<br />Easement Area by Grantee (collectively, "Claims"), excluding Claims caused by the negligence or willful
<br />misconduct of Grantor.
<br />Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shttll anything in this
<br />Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor
<br />or its successors or assigns or predecessors in title of, any responsibility or liability that Grantor or its
<br />successors or assigns or predecessors in title now has, has had, or comes to have with respect to human
<br />health or the environment, including without limitation responsibility or liability relating to hazardous or
<br />toxic substances or materials.
<br />Notices: Any notice, payment or instrument required or permitted to be given or delivered by this
<br />Easoment may be given or delivered bypersonal delivery or by depositing the same in any United States
<br />mail depository, first class postage prepaid, and addressed as follows:
<br />If to Grantee: City of Santa Ana
<br />20 Civic Center Plaza
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
<br />Attn: Clerk of the Council
<br />23A-38
<br />
|