ORANGE COUNTY WATER DISTRICT (3) - 2014

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Revised 6/09/2014 6. The District will be responsible for the design and construction of the project and preparation of all documents to comply with California Environmental Quality Act and National Environmental Policy Act and will provide staff assistance to the City of Santa Ana for coordination with the National Park Service. The District will provide the City with an administrative draft version of any environmental documents prepared for the proposed Project and respond to City comments on the draft documents prior to releasing the environmental documents for public review. The District shall not propose or agree to any mitigation measures that affect City lands without prior City approval, which may be withheld for any reason. 7. After the Project is completed the District will improve all parking lots and roadways identified in Exhibit 3 in exchange for establishing a 30 year easement for each component of the Project. Such improvements include removal and overlay of the top two inches of asphalt from the parking lots and roadways. 8. District acknowledges that it will be responsible for the replacement of all landscaping and park amenities that might be inadvertently damaged during construction as a result of contractor negligence. 9. The parties hereto agree to negotiate in good faith for the purpose of developing and executing easements for the Project, nothing contained herein shall be deemed a binding commitment upon or enforceable promise by either party. 10.The parties agree that a precondition to any binding commitment requires approval by the Federal Government inasmuch as the property in question was a Federal property transferred by the Department of Interior to the City as public benefit conveyance for development of a regional park and any easements thereon require Federal approvals. 11. The parties acknowledge that the City was awarded a Land and Water Conservation Grant to build improvements on the park which requires that the recreational abilities of the park be preserved at all times, but in no event shall the recreational abilities of the park in any single location be impacted beyond six (6) months. Accordingly, to the extent that a well site is located in one of the Grant improvement areas, the parties agree that any binding commitment may be subject to approval by the State of California. 12.The parties agree that any ultimate plan in developing and executing easements for the Project requires that the parties minimize any disruption to the operations of Godinez High School and the Centennial Career Education Center.