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Permit as of the recording date of this Easement Deed, and that all rights and obligations between the Parties <br />in respect to the Facilities shall be governed by the terms of this Easement Deed. <br />It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right <br />of way herein granted in this Easement Deed shall be subject to the following terms, conditions, and <br />reservations: <br />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 commencement 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 approval 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 DISTRICT' S flood control <br />facility, 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, GRANTEE agrees to notify Director in writing sixty (b0) days in <br />advance of such planned activities, obtain Director's written approval of all plans, and obtain a permit for <br />construction from the County of Orange ("County") with pa}nnent of normal processing fees prior to <br />commencement of any such activities. Said approval shall not be witlilield unreasonably, nor shall said <br />approval be necessary in any emergency situation or in conducting routine maintenance activities which do <br />not involve disturbance of the surface area. <br />Except in areas in which such activities require regulatory agency approval, or are otherwise designated as <br />environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with <br />GRANTEE' S Facilities provided, however, that any excavation shall be made in such a manner as will cause <br />the least injury to the surface of the ground and any improvements and/or landscaping around such <br />excavation, and that the earth so removed shall be replaced and the surface of the ground and any <br />improvements and/or landscaping around such excavation, damaged shall be promptly restored by GRANTEE <br />at its expense to the same condition as existed prior to excavation, to Director's satisfaction. <br />GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities <br />constructed, used, maintained or planed upon the Easement Area by or on behalf of GRANTEE pursuant to <br />this Easement Deed. <br />2. REMOVAL AND/OR ABANDONMENT (PMES3.1 S) <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 from <br />GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to <br />Sewer Easement - OCPCD to City of Santa Ana L 10302012 <br />