25C - AGMT - SANITARY SEWER FACILITIES

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the Permit as of the recording date of this Easement Deed, and that all rights and obligations between the Parties in respect to the Facilities shall be governed by the terms of this Easement Deed. It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right of way herein granted in this Easement Deed shall be subject to the following terms, conditions, and reservations: 1. CONSTRUCTION AND MAINTENANCE (PMES2.2S) 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 "Director") prior to commencement of any work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion. Director's approval of GRANTEE'S construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans. Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S construction and/or maintenance plans. GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT'S flood control facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel"). GRANTEE shall perform all construction and/or maintenance in such a manner 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 or excavation activities or otherwise disturb the surface of the Easement Area, GRANTEE agrees to notify Director in writing sixty (60) 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 normal processing fees prior to commencement of any such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary in any emergency situation or in conducting routine maintenance activities which do not involve disturbance of the surface area. Except in areas in which such activities require regulatory agency approval, or are otherwise designated as environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE'S Facilities provided, however, 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 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, maintained or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed. 2. REMOVAL AND/OR ABANDONMENT (PMES3.1 S) GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S use of said Facilities ceases for a continuous period of more than one (1) year without written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to resume usage of the Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove Sewer Easement - OCFCD to City of Santa Ana 2 10302012 25C-6