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activity.
<br />Except in areas in which such activities require regulatory agency approval, or are otherwise designated as
<br />environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with
<br />GRANTEE Facilities provided, however, that any excavation shall be made in such a manner as will cause the
<br />least injury to the surface of the ground and any improvements and/or landscaping around such excavation,
<br />and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or
<br />landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the
<br />same condition as existed prior to excavation, to Director's satisfaction.
<br />GRANTEE shall, at no cost to DISTRICT, maintain Easement Area free of debris, graffiti and litter and shall
<br />maintain in good repair and in safe condition, all GRANTEE's Facilities constructed, used or placed upon the
<br />Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed and further agrees to require
<br />any of its utility franchisees or other permittees to maintain in good repair and in safe condition, all equipment
<br />constructed, used or placed upon or within the Easement Area, at no cost to DISTRICT.
<br />GRANTEE hereby acknowledges that the bridge piers, footings and debris noses are an integral part of
<br />GRANTEE's bridge structure which will require, among other things, routine and periodic
<br />inspection/maintenance. GRANTEE shall assume all maintenance responsibility of the bridge structure
<br />including the piers, footings and debris noses.
<br />2. REMOVAL AND/OR ABANDONMENT (PMES3.1S)
<br />GRANTEE agrees that in the event (a) GRANTEE Facilities are no longer required, or (b) GRANTEE's use
<br />of said Facilities ceases for a continuous period of more than one (1) year without written notice from
<br />GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE's intention to
<br />resume usage of GRANTEE Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT,
<br />remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from
<br />Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no
<br />cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement
<br />Deed, to Director's satisfaction. In the event GRANTEE fails to commence and diligently pursue completion
<br />of the removal of its Facilities from the Easement Area and the restoration of the Easement Area as provided
<br />under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the
<br />Director's option after thirty (30) days' written notice to GRANTEE, may cause the removal of any GRANTEE
<br />Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including
<br />but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee
<br />of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said
<br />costs from the Director.
<br />GRANTEE shall also execute and deliver to the Director, within ninety (90) days of such removal and/or
<br />abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed
<br />sufficient to remove the encumbrance of this Easement Deed from title.
<br />3. RELOCATION (PMES4.IS)
<br />In the event GRANTEE Facilities shall at any time interfere with the operation, maintenance, replacement,
<br />enlargement or improvement of DISTRICT's property as determined by the Director, and such interference
<br />requires, in the Director's sole and absolute determination, the removal or relocation of GRANTEE Facilities,
<br />the Director shall provide GRANTEE written notification of such interference and the need for the removal of
<br />GRANTEE Facilities from the Easement Area. In such instance, the Director shall endeavor to, but shall not
<br />be obligated to locate an alternate site on DISTRICT -owned property for the relocation of GRANTEE
<br />Facilities. Under no circumstance, shall DISTRICT be obligated to purchase any property, easement rights,
<br />or enter into or pay for any lease or license rights to accommodate the relocation of GRANTEE Facilities. To
<br />Bridge and Roadway Easement - OCFCD to City of Santa Ana 3 Rev. 02 14 18Ja
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