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resume usage of the Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove
<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 />3. RELOCATION (PMES4.1N)
<br />In the event, the Director determines that GRANTEE'S Facilities hnpede 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 fmal 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 designathlg 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 illustrafion 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 to
<br />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 hi, 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 to
<br />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 Inay be subject to
<br />all hazards associated with flood conditions. GRANTEE agrees to assume all risks, fmancial or otherwise,
<br />associated therewith.
<br />Sewer Easement - OCFCD to CiTy of Santa Ana 3 10302012
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