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extend across a segment of Channel designed to divert trash and debris into a <br />containment area, while conveying low -flows where pollutants will be captured, and <br />further discharged into an Orange County Sanitation District trunk line for conveyance <br />to its sanitary sewer treatment plant and thereafter to the OCWD Groundwater <br />Replenishment System. The Diversion Structure will modify the existing Channel with <br />a concrete weir crossing the channel bottom and alter approximately 100 feet of the <br />Channel's north wall to accommodate fixture of a debris boom, inlet and bypass outlet <br />structures. <br />Estimated Cost - the itemized estimate of Project Capital Costs and O &M expenses <br />listed on Exhibit C3 from an Opinion of Probable Construction Cost referenced as <br />"Engineer's Estimate 15 -058" by AECOM dated July 24, 2015 based upon 60% Design <br />Plans. <br />Facility (sometimes also referred to as the "Facilities" or "Project Facilities ") — final <br />Project (as defined below) improvements constructed in accordance with the Approved <br />Plans, which shall include the Diversion Structure, related pumps, pipelines and <br />features necessary for operations. <br />Flood Control Act - Orange County Flood Control Act set forth in California <br />uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. <br />Sections 36 -1 et seq, also referred to as Chapter 723 of the State of California Statutes <br />of 1927, as amended. <br />Force Majeure Event - those events specified in Section 2.5.4 that materially and <br />adversely interfere with or increase the costs of performing SANTA ANA's obligations <br />hereunder, provided that such event (or the effects of such event) could not have been <br />avoided by SANTA ANA's use of reasonable effort. <br />Funding Partner — SANTA ANA, NEWPORT BEACH, COSTA MESA, OCFCD, <br />COUNTY or IRWD as shown on Exhibit C2 (collectively the "Funding Partners "). <br />Golf Lessee — Public golf course operator, Newport Beach Golf Course, LLC, its <br />successors or assigns, which leases a portion of County land, under the purview of John <br />Wayne Airport that may be impacted by the Project. <br />Grant - that Measure M2 Environmental Cleanup Program Grant from the Orange <br />County Transportation Authority awarded to SANTA ANA in the amount of TWO <br />MILLION, FIVE - HUNDRED SEVENTY -TWO THOUSAND, EIGHT HUNDRED, <br />and SEVENTY -FIVE DOLLARS ($2,572,875) for Project Capital Costs. <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 <br />25G -8 <br />Page 4 of 74 <br />