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CONSTRUCTION AND MAINTENANCE (PMES2.2S) <br />GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S <br />Director OC Public Works, or designee, (hereinafter referred to as "Director") prior to commnencement of any <br />work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall <br />immediately notify Director in writing of such completion. <br />Director's approvai of GRANTEE'S construction and/or maintenance plans shall not be deemed approval <br />from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or <br />other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or <br />maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans. <br />Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S <br />construction and/or maintenance plans. <br />GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility, <br />commonly referred to as the Santa Ana River Channel (hereinafter "the Channel"). <br />GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for <br />unobstructed flood control operations and maintenance of the Channel by DISTRICT. <br />Should it be necessary for GRANTEE to conduct any construction or excavation activities or otherwise <br />disturb the surface of the Easement Area subsequent to the completion of the initial installation of <br />GRANTEE'S Facilities, GRANTEE agrees to notify Du•ector in writing sixty (60) days in advance of such <br />planned activities, obtain Dnector's written approval of all plans, and obtain a petznit for construction fi-om <br />the County of Orange ("County") with payment of normal processing fees prior to commencement of any <br />such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary vi any <br />emergency situation or in conducting routine maintenance activities which do not involve disturbance of the <br />surface area. <br />Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as may <br />endanger or interfere with GRANTEE'S Facilities provided, however, that any excavation shall be made in <br />such a manner as wilt cause the least injury to the surface of the ground and any improvements and/or <br />landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the <br />ground and any improvements and/or landscaping around such excavation, damaged shall be promptly <br />restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's <br />satisfaction. <br />GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities <br />constFUCted, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement <br />Deed. <br />2. REMOVAL AND/OR ABANDONMENT' (PMES3.1S) <br />GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S <br />use of said Facilities ceases for a continuous period of more than one (1) year without written notice. fi-om <br />GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to <br />resume usage of the facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove <br />and/or abandon said Facilities within ninety (90) days after receipt of written notice from Director to remove <br />and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, <br />restore the. Easement Area to the condition that existed prior to the granth?g of this Easement Deed, to <br />D'irector's satisfaction. <br />Street/Highway Easement - OCFCD to City of Santa Ana <br />osioano <br />251-8