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GRANTEE shall also execute and deliver to 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 />GRANTEE agrees that -in the event GRANTEE'S Facilities shall at any time interfere with the operation,
<br />maintenance, replacement, or improvement of DISTRICT'S property as determined by Director, GRANTEE
<br />shall, within ninety (90) days of receipt of written notice from Director, 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 same.
<br />4. COMPLIANCE WITH APPLICABLE WATER QUALITY REQUIREMENTS (PMES6.2S)
<br />GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any .
<br />NPDES permit requirements or other water quality statutes, regulations, ordinances, or permits, applicable to
<br />the construction, including but not limited to use of appropriate best managernent 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 />right of contribution for loss of or damage to property, or injury to or death of any person arising from,
<br />growing out of or in any way 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 (with 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 />injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted
<br />in, on, or over the Easement Area; and/or GRANTEE'S exercise of the rights under this Easement Deed,
<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 any
<br />lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) 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 event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorneys'
<br />fees. If judgment 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 parry shall request a
<br />jury apportionment.
<br />GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
<br />Section 1542 which provides as follows:
<br />A general release does not extend to -claims which the creditor does not know or suspect
<br />to exist in his or her favor at the time of executing the release, which, if known by him or
<br />her, must have materially affected his or her settlement with the debtor.
<br />GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
<br />provisions to the extent described in this section.
<br />StreetlHighway Easement - oCFCD to City of Santa Ana 3 08/04/10
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