Item 18 - Partial Real Property Acquisition for Fairview Bridge Replacement and Street Improvements

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It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right of way herein granted in this easement deed ("Easement Deed") shall be subject to the following terms, conditions, and reservations: 1. CONSTRUCTION AND MAINTENANCE (PMES2.2S) GRANTEE shall have all construction, excavation, maintenance and or demolition plans approved in writing by DISTRICT's Director OC Public Works, or designee, (hereinafter referred to as "Director") through OC Public Works ("OCPW") County property encroachment permit process and shall obtain a County property permit (CPP) with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any work in, on, over, upon or across the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion. Director's approval of GRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE's construction and/or maintenance plans. Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE's construction and/or maintenance plans. GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT's flood control facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel"). GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT. Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment, including but not limited to haulers or cranes, subsequent to the completion of the initial installation of GRANTEE Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance of such planned activities, obtain the Director's written approval of all plans, and obtain a CPP for any such activities with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any such activities in, on, over, upon or across the Easement Area. The Director's prior approval shall not be necessary, nor shall GRANTEE be required to obtain a CPP prior to conducting any work associated with an emergency situation, however, GRANTEE shall notify the Director within five (5) days following commencement of any such emergency work, and if so, requested by the Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work. In addition, GRANTEE shall condition third parties (e.g. permittees and/or franchisees) who seek to perform any construction, demolition, or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment within the Easement Area, to obtain approval from the DISTRICT through the CPP process prior to commencement of performing said activities or placement of any facilities in, on, over, across or under within the Easement Area, which approval shall not be unreasonably withheld. GRANTEE agrees that rights or permits granted to third parties by reason of this clause shall contain provisions that such rights are subject to this Easement Deed, and that any such grants to third parties include a provision that requires the third party to obtain a CPP before performing any construction, demolition, or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment within the Easement Area, with the understanding that such a CPP may contain reasonable conditions designed to ensure that said activities or placement of any facilities within the Easement Area do not interfere with DISTRICT's use of the Easement Area and that the surface of the Easement Area, if disturbed, shall be restored in kind as nearly as practicable to its original condition upon the completion of said Bridge and Roadway Easement - OCFCD to City of Santa Ana 2 Rev. 02 14 18Ja