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It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right
<br />of way herein granted in this casement deed ("Easement Deed") shall be subject to the following terms,
<br />conditions, and reservations:
<br />CONSTRUCTION AND MAINTENANCE (PMES2.2S)
<br />GRANTEE shall have all construction, excavation, maintenance and or demolition plans approved in writing
<br />by DISTRICT's Director OC Public Works, or designee, (hereinafter referred to as "Director") through OC
<br />Public Works ("OCPW") County property encroachment permit process and shall obtain a County property
<br />permit (CPP) with payment of normal processing fees therefor and shall provide evidence of adequate
<br />insurance coverage prior to commencement of any work in, on, over, upon or across the Easement Area; and
<br />upon completion of any such work, GRANTEE shall immediately notify Director in writing of such
<br />completion.
<br />Director's approval of GRANTEE's construction and/or maintenance plans shall not be deemed approval from
<br />the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other
<br />governmental requirements. DISTRICT is not responsible for permitting of any construction and/or
<br />maintenance, design, assumptions or accuracy of GRANTEE's construction and/or maintenance plans.
<br />Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE's
<br />construction and/or maintenance plans.
<br />GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT's flood control
<br />facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel").
<br />GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed
<br />flood control operations and maintenance of the Channel by DISTRICT.
<br />Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance
<br />or other activities that may disturb the surface of the Easement Area or require the use of any specialized
<br />vehicles or equipment, including but not limited to haulers or cranes, subsequent to the completion of the initial
<br />installation of GRANTEE Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance
<br />of such planned activities, obtain the Director's written approval of all plans, and obtain a CPP for any such
<br />activities with payment of normal processing fees therefor mid shall provide evidence of adequate insurance
<br />coverage prior to commencement of any such activities in, on, over, upon or across the Easement Area. The
<br />Director's prior approval shall not be necessary, nor shall GRANTEE be required to obtain a CPP prior to
<br />conducting any work associated with an emergency situation, however, GRANTEE shall notify the Director
<br />within five (5) days following commencement of any such emergency work, and if so, requested by the
<br />Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work.
<br />In addition, GRANTEE shall condition third parties (e.g. permittees and/or franchisees) who seek to perform
<br />any construction, demolition, or other activities that may disturb the surface of the Easement Area or require
<br />the use of any specialized vehicles or equipment within the Easement Area, to obtain approval from the
<br />DISTRICT through the CPP process prior to commencement of performing said activities or placement of any
<br />facilities in, on, over, across or under within the Easement Area, which approval shall not be unreasonably
<br />withheld, GRANTEE agrees that rights or permits granted to third parties by reason of this clause shall contain
<br />provisions that such rights are subject to this Easement Deed, and that any such grants to third parties include
<br />a provision that requires the third party to obtain a CPP before performing any construction, demolition, or
<br />other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles
<br />or equipment within the Easement Area, with the understanding that such a CPP may contain reasonable
<br />conditions designed to ensure that said activities or placement of any facilities within the Easement Area do
<br />not interfere with DISTRICT's use of the Easement Area and that the surface of the Easement Area, if
<br />disturbed, shall be restored in kind as nearly as practicable to its original condition upon the completion of said
<br />Bridge and Roadway Easement - OCf CD to City of Santa Ana 2 Rev. 09 27 22
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