|
<br />
<br />
<br />
<br />
<br />
<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 granting of this Easement Deed, to
<br /> Director's satisfaction.
<br /> 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 />
<br /> 3. RELOCATION (PMES4.IN)
<br /> In the event, the Director determines that GRANTEE'S Facilities impede or interfere with the operation,
<br /> maintenance, replacement, or improvement of DISTRICT'S property for flood control purposes, DISTRICT
<br /> shall notify GRANTEE and consult with GRANTEE prior to designating a relocation site for GRANTEE'S
<br /> Facilities ("Relocation Site"). Director shall endeavor to select a Relocation Site that is reasonably
<br /> acceptable to GRANTEE, but the final selection of that site shall be at the sole and absolute discretion of
<br /> Director. GRANTEE shall, within ninety (90) days of receipt of written notice from Director designating the
<br /> Relocation Site, commence and diligently pursue to completion the relocation of GRANTEE'S Facilities to
<br /> the Relocation Site at GRANTEE'S expense.
<br /> Upon relocation of GRANTEE'S Facilities the Director shall, at GRANTEE'S expense, cause the legal
<br /> description and illustration of the Easement Area to be revised, and upon written approval of both Parties of
<br /> the revised legal description and illustration, this Easement Deed shall be amended with any revised legal
<br /> description and illustration attached thereto respectively designated as "Revised". The Parties agree that any
<br /> amended exhibit(s) and the re-recording of this Easement Deed shall not affect, alter, or change any of the
<br /> terms, conditions or reservations of this Easement Deed and further agree that the amended and re-recorded
<br /> Easement Deed shall relate back and be in place as of the initial recording date of this Easement Deed prior
<br /> to the revised exhibit. All other terms and conditions of this Easement Deed shall remain the same.
<br /> 4. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
<br /> GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out
<br /> all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
<br /> governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction
<br /> in, on, over and about the Easement Area, which arise from GRANTEE'S use of or performance of any
<br /> activities permitted to be conducted in, under, through, or across the Easement Area.
<br /> In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance
<br /> with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water
<br /> quality statutes, regulations, ordinances, or permits, applicable to the construction, including but not limited
<br /> to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the
<br /> Channel nor into DISTRICT'S flood control system.
<br /> No approvals or consents given hereunder by DISTRICT, as a party to this Easement Deed, shall be deemed
<br /> approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.
<br /> 5. HOLD HARMLESS (PMES7.2S)
<br /> GRANTEE acknowledges the Easement Area is in, on, or about DISTRICT'S Channel and may be subject to
<br /> all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise,
<br /> associated therewith.
<br />
<br /> GRANTEE hereby releases and waives all claims and recourse against DISTRICT and County including the
<br />
<br /> Sewer Easement - CCFCD to City of Santa Ana 10302012
<br />
<br />
<br /> 25C-7
<br />
|