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25G - AGMT - DELHI PROJECT
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25G - AGMT - DELHI PROJECT
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Last modified
6/30/2016 4:02:09 PM
Creation date
6/30/2016 2:32:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
7/5/2016
Destruction Year
2021
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Exhibit D <br />Area; and activities associated with realignment of an access road. GRANT'EE'S rights shall also include the <br />right to parr: or place vehicles, equipment or storage containers and to store in stockpile construction materials, <br />tools, implements and other construction related equipment and materials, in the Easement Area as the case may <br />be. '17re Parties agree the exercise of the rights granted herein shall be in conformity with the ba ins of that <br />certain Santa Ana -Delhi Channel Diversion Pnj cot Agreement D15 -013 dated ( "Agreemeof�, <br />It is undoi stood and agreed by the Parties hereto and their successor and assigns that the rights granted in this <br />Temporary Easement shall be subject to the following terms, conditions, and reservations: <br />1. TERM <br />This 'Temporary Easement shall be efibetive for a maximum period of twenty -four (,24) months ( "Term "), <br />commencing on GRANTEE'S written notice to the Airport Director said the Director OC Public Works, or thew <br />designees, of cornmenconrent of possession, and shall terminate upon recordation of a Notice of Completion, or <br />at the end of the Tenn, whichever first occurs. <br />EXTENSIONS <br />'file Term may be extended by mutual agreement of the GRANTEE,, the Abilort Director turd Director of Public <br />Works or their designees. Any request for extonsion must be in writing, shall state the requested extension <br />period, and be forwarded to lire Airport Dheetor and the Director ofPublic Works via Express or Certified U.S. <br />postal Service, personal delivery, by courier or by overnight delivery service and addressed as provided herein <br />below in Section 11 (Notice) no later than thirty (30) clays' prior to the expiration of lhe'roma of this <br />Temporay Easement. Approval of such request shall be deemed denied unless both Directors of their <br />designees provide GRANTEE with written approval of Ore requested extension within fifteen (15) days of <br />receipt of the request to extend, which approval shall not be unreasonably withheld. <br />in no event shall this Temporary Easement be extended beyond <br />GRANTEE RESPONSIBILITIES <br />GRANTEE; hereby acknowledges that the Easement Area lies in, on and about Ore Channel, a regional flood <br />control facility. GRANITE,, shall perform all work in such a manner that will allow for unobstructed flood <br />control operations and maintenance of the Channel by COUNTY or the Orange County Flood Control District <br />( "District'). GRANTEE shall have all construction plans and specifications approved in writing by One Airport <br />Director and the Director of Public Works or their designees prior to commencement of any work in, on or <br />about the Easement Area; and upon completion of any such work, GRANTEE shall marediately notify both <br />Directors or their desigmees in writing ofsualr completion. Any change orders t> tiro approved plans and <br />specifications that alter the design shall be submitted for Airport Direetor and the Director of Public Work's <br />written approval through tie County Property Permit process prior to implementation of the design change. <br />Aplwoval of GRAN'TEE'S construction and/or maintenance plans shall trot be deemed approval from the <br />standpoint of structural safety, suitability for propose or conformance with building or other codes or other <br />governntentd requirements, CO11N'TY is notiesponrdble for porinitting of any construction anrlloi <br />maintenance, design, assumptions or accuracy of GRAN'TEE'S construction and/or maintenance plans, Director <br />approval will be based on the professional expertise of the Engineer of Record when approving GRANTEE'S <br />construction and/or maintenance plans. <br />GRANTEE shall, at no cost to COUNTY, maintain die Easement Area and Channel in good repair and in safe <br />condition, and protect in place any slope features, tees and /or landscaping within the Easement Area <br />Smrta Ana -Delhi Diversion ProjedM01;I TCE 2 05192016 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 <br />25G -52 <br />Page 48 of 74 <br />
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