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the extent an alternative area on DISTRICT property cannot reasonably be made available, DISTRICT may
<br />terminate this Easement Deed and require GRANTEE to remove its Facilities from the Easement Area.
<br />Except in an emergency, the Director shall provide GRANTEE with written notice a minimum of two hundred
<br />forty (240) days in advance of the date that GRANTEE Facilities must be removed from the Easement Area.
<br />GRANTEE agrees at its sole cost and expense, to remove its Facilities from the Easement area, restore the
<br />Easement Area to the condition that existed prior to the installation of GRANTEE Facilities, satisfactory to the
<br />Director, within such 240-day period, or as such date may be extended by the Director, and if an alternate site
<br />on District property has been identified for the relocation of GRANTEE Facilities, GRANTEE at its sole cost
<br />and expense shall relocate its Facilities to such location within said 240-day period, unless such period is
<br />extended at the sole discretion of the Director. The removal and/or relocation of GRANTEE Facilities shall
<br />be subject to the provisions of Section I (Construction and Maintenance) of this Easement Deed.
<br />In the event GRANTEE fails to perform its obligations to commence and diligently pursue completion of the
<br />removal of its Facilities from the Easement Area and restoration of the Easement Area as provided under this
<br />section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director's
<br />option after thirty (30) days' written notice to GRANTEE, may cause the removal of any GRANTEE Facilities
<br />from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not
<br />limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such
<br />costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from
<br />Director. Under no circumstance shall DISTRICT be obligated to relocate GRANTEE Facilities to any
<br />alternate relocation site regardless of whether a relocation site had been designated on District -owned property,
<br />4. REVISION OF LEGAL DESCRIPTION (PMES5.IS)
<br />In the event it becomes necessary to relocate GRANTEE Facilities as provided in Section 3 (Relocation) of
<br />this Easement Deed and the legal description described in attached Exhibit A and illustrated in Exhibit B are
<br />subsequently determined to inaccurately describe the location of the Easement Area, the Parties agree that
<br />GRANTEE shall cause the legal description and illustration of the Easement Area to be revised, and upon
<br />written approval of both Parties of the revised legal description and illustration, this Easement Deed shall be
<br />amended so as to replace the original legal description and illustration of the Easement Area with the revised
<br />legal description and illustration and such amended Easement Deed shall be recorded by GRANTEE. The
<br />Parties agree that the amendment of Exhibit A and Exhibit B and the re-recording of the Easement Deed shall
<br />not affect, alter, or change any of the terms, conditions or reservations of this Easement Deed and further agree
<br />that the amended and re -recorded Easement Deed shall relate back and be deemed in place as of the initial date
<br />of this Easement Deed.
<br />5. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
<br />GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out
<br />all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
<br />governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction
<br />in, on, over, upon or across the Easement Area, which arise from GRANTEE's use of or performance of any
<br />activities permitted to be conducted in, on, over, under or across the Easement Area.
<br />In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance
<br />with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water
<br />quality statutes, regulations, ordinances, or permits applicable to the construction, including but not limited to
<br />use of appropriate best management practices, so as to ensure that pollutants are not discharged into the
<br />Channel nor into DISTRICT's flood control system.
<br />GRANTEE shall not accept any regulatory permit, or consent to any regulatory permit provision which may
<br />(i) affect the operation and maintenance of the Channel; (ii) commit DISTRICT to any new maintenance
<br />Bridge and Roadway Easement - OCPCD to City of Santa Ana 4 Rev. 09 27 22
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