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Exhibit D
<br />throughout dne "farm, including any extension period, of th s Temporary Easement. Notwithstanding the
<br />foregoing, said features may be removed or relocated if approved by the Airport Director and the Director of
<br />Public Works through the County hoperty Permit process.
<br />GRANTEE shall, at no cost to COUNTY, conduct all activities, including but not limited to the storage of
<br />materials, in, on, or about the Easement Area in a safe, good and workmanlike manner and in compliance with
<br />all applicable building, tire, and sanitary laws, Ordinances, and regulations and shall maintain all equipment,,
<br />used in on or about the Easement Area in good repair and in safe condition. Airport Director nay, at his sole
<br />discretion, direct GRANTEE to remove items from the Easement Area, if deemed to be a hazard or nuisance.
<br />GRANTEE acknowledges the Easement Area is situated on COUNTY property with certain recorded deed
<br />restrictions and conditions prohibiting use of the ]and for any purpose which would constitute a nuisance or be
<br />offensive to the senses, health or safety of persons occupying the land or adjoining land. GRANTEE agrees to
<br />make every effort to accommodate for the aforementioned nuisance dead restriction in the exercise of its right's
<br />herein.
<br />COMPLIANCE WITII REGULATORY AUTHORITIES
<br />GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all
<br />presort and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
<br />governmental authorities, including but not limited to environmental regulatory authorities, withjuiisdiction in,
<br />on, ovor and about tare Easement Area, which arise from GRANTEE'S use of or performance or any activities
<br />permitted to be conducted in, on, over, or across the Easa tiont Area.
<br />In addition, GRANTEE shall ensure that all activities in, on, over or about the E',asement Area are performed in
<br />accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other
<br />water quality statutes, rcgrdatIons, ordinances, or permit's, applicable to such activities, including butnot limited
<br />to use of appropriate best management practices, so as to ensure that pollutants are not chsebarged into die
<br />Channel nor into the flood control system.
<br />Prior to the start of any construction activity, GRANTEE shall provide Airport Director and Director of Public
<br />Works a copy of their Water Quality Management Plan (WQMP) for approval.
<br />No approvals or consents given hereunder by COUNTY, as a party to this Temporary Easement, or concurrence
<br />by District shall be deemed approval as to compliance or conformance with applicable go'vemmontal codes,
<br />Laws, rules or regulations.
<br />5. CONDITION OF EASEMENT AREA UPON TERMINATION
<br />Prior to the filing of the Notice of Completion or to the expiration of this Temporary Easement, whichrrvor first
<br />occurs, GRANTEE agrees at its expense to restore the Easement Area to the Airport Director's satisfaction.
<br />Said restoration shall include, but not be limited to the removal of constriction materials (including stockpiled
<br />material), equipment, and trash and debris. GRANTEE agrees under no circumstances shall die Channel,
<br />Facility and other improvement's and/or facilities within the Easement Area be left or returned to COUNTY in a
<br />state of partial completion or disrepair. Upon service of written demand front the Airport Director, or designee
<br />GRANTEE shall deliver to COUNTY, at no cost to COUNTY, a Quitclaim Deed to GRANTEE's right, title
<br />and interest hereunder.
<br />SsntaAmr -Ddhl Divasim PMjut(17011 TCV 3 05492016
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013
<br />25G -53
<br />Page 49 of 74
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