ORANGE COUNTY FLOOD CONTROL DISTRICT 5 - 2010

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I. CONSTRUCTION AND MAINTENANCE PMES , S GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S Director OC Public Works, or designee, (hereinafter referred to as "Dii•ecto " prior to commencement of ally work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall itirimediately notify Director in writing of such completion. Director's approval of GRANTEPS construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or con orr anee with building or other codes or other governmental ental requirements. DISTRICT is not responsible for perinitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans. Director will rely on the professional expedise of the Engineer of Record when approving GRANTEES construction and/or maintenance plans. GRANTEE hereby acknowledges that the Easement Area lies within in a portion of a flood control facility, commonly referred to as the Santa Aria Rivera Channel (hereinafter "the Channel"). GRANTEE shall perform all constrt- Lrction and/or maintenance in such a inann r 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 oil excavation activities or otherwise disturb the surface of the Easement Area subsequent to the completion of the initial installation of GRANTEE'S Facilities, GRANTEE agrees to notify Director in Writing sixty days in advance of such planned activities, obtain Director's written approval of all plans, and obtain a permit for construction from the County of Orange ("County"" with payment of nori gal processing fees prior to commencement ent f any such activities. Said approval shall not be withheld unreasonably, nor, shall said approval be necessary in any emergeny situation or in conducting routine maintenance activities which do not involve disturbance of the surface area. Except in designated environmentally sensitive areas, GRANTEE shall have the right to cart such roots as may endanger or interfere with GRANTEE'S Facilities provided, however, er, that any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements ents and or landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's satisfaction. GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities constructed, used on placed upon the Easement Area by or on behalf of GRANTEE pursua"t to this Easement Deed. REMOVAL AND /off. ABANDONMENT PMES i 1 S GRANTEE agrees that in the event a GRANTEE'S Facilities are no longer required, orb GRANTEE'S use of said Facilities ceases for a continuous period of more than one 1 year without Britten notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to resumer age of the facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove and/or abandon said Facilities within ninety days after receipt of written notice from Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director's satisfaction. stree W, Ii hway Easement - OCFC D to City ofSanta Ana 2 08104/10