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GRANTEE shall also execute and deliver to Director, within ninety o days of such removal and/or
<br />abandonment, for recordation in the Official Records of Orange County, California, aQUitclaim Deed
<br />sufficient to remove the encumbrance of this Easement Deed froni title.
<br />3, RELOCATION (PMES4. IS)
<br />GRANTEE agrees that in the event GRANTEE'S Facilities shall at any time interfere with the operation,
<br />maintenance, replacement, or improvement of DISTRICI'S property as determined d by Director, GRANTEE
<br />shall, Within ninety days of receipt of written notice from I irector, relocate at GRANTEE'S expense
<br />GRANTEE'S Facilities to a site designated by Director, All other terms and conditions of this Easement
<br />Deed shall remain the sane.
<br />COMPLIANCE WITH APPLICABLE WATER QUALITY REQUIREMENTS PMES .2S
<br />GRANTEE shall ensure that all construction in the Easenient Area is performed in accordance with any
<br />NPI ES permit requirements or other pater quality statutes, regulations, ordinances, or permits, applicable to
<br />the construction, including but not limited to use of appropriate best management ent practices, so as to ensure
<br />that pollutants are not discharged into the Channel nor into DISTRICT'S flood control system.
<br />5. HOLD HARMLESS (PMES7.2S)
<br />GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County including the
<br />eight of contribution for loss of r damage to property, or injury to or death of any person arising from,
<br />growing out of or to any gay connected with or related to this Easement Deed except claims arising from the
<br />concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and
<br />contractors. GRANTEE hereby agrees to indemnify, defend % ith counsel approved in Writing by
<br />DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials,,, officers, agents,
<br />employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for
<br />inj6ury to any persons or property, arising out of the maintenance, use of or operations or activities conducted
<br />i115 on, or over the Easement Area, and/or GRANTEE'S exercise of the rights under this Easement Teed,
<br />except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their
<br />elected and appointed officials, officers, agents, employees or contractors including the cost of defense of ally
<br />lawsuit arising therefrom. If DISTRICT and/or County is /are named as co- defendants) in a lawsuit,
<br />GRANTEE shall notify Director of such fact and shall represent DISTRICT County in such legal action
<br />unless DISTRICT County undertake(s) to represent itself /themselves as co- defendants) in such legal action,
<br />in Which evert, GRANTEE shall pay to DISTRICT /County its /their litigation costs, expenses, and attorneys'
<br />fees. ffjudgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction
<br />because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and
<br />GRANTEE agree, that liability will be apportioned as determined by the court, Neither party shall request
<br />,fury appoi-tionnient.
<br />GRANTEE acknowledges ledges that it is familiar with the language and provisions of California Civil Code
<br />Section 1 542 Which provides as follows:
<br />genet-al release does not extend to claims which the credi oi- does not I moue or* suspect
<br />to exist in his oi# her -fav i- at the time ofexecuting the i- l ease, iv i h, iftno wn by hint oi-
<br />he , inust have inaterial1j, affected his or hei• settlement with the debtor.
<br />GRANTEE, being aware of and understanding the terms of Section 1 542, hereby waives all benefit of its
<br />provisions to the extent described in this section.
<br />tree V1 - lighway Eas e m en t - OC F CD to Ci t t of S a n I a An a 3 08!04/10
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