25C - AGMT - SANITARY SEWER FACILITIES

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As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government. 7. RESERVATIONS (PMES9.1 S) DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted. In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance of the Easement Area, DISTRICT'S only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall restore GRANTEE'S Facilities to the design and grade approved as provided for in Section 1 above. 8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1N) This Easement Deed is subject to existing contracts leases, licenses, easements, permits, encumbrances, and claims, which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT'S interest therein. Without limiting the generality of the foregoing, GRANTEE acknowledges that (a) portions of the Easement Area are used in common with the public as a trail and that (b) this Easement Deed is subject to the rights of the Orange County Water District ("OCWD") pursuant to that certain Easement Deed and Agreement recorded March 9, 2004 in Official Records, County of Orange as Instrument 200400186851, and subject to an existing Orange County Sanitation District ("OCSD") Santa Ana River interceptor line illustrated in said "Exhibit A- I" and "Exhibit B-1", GRANTEE shall endeavor to provide the OCWD and/or OCSD with reasonable advance notice of any GRANTEE activities which may impact either party's use of areas enjoyed in common by sending written notice to the relevant part at the address noted in Section 10 (Notices). 9. TAXES AND ASSESSMENTS (PMES 11.1 S) Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Area or upon fixtures, equipment, or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due. 10. NOTICES (PMES 12.1 S) All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other party at least ten (10) calendar days' prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other Sewer Easement - OCFCD to City of Santa Ana 5 10302012 25C-9