ORANGE COUNTY FLOOD CONTROL - 2016

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NOW THEREFORE, for and in consideration of the foregoing, it is understood and agreed by the Parties hereto, and their successors and assigns, the receipt and adequacy of which are hereby acknowledged, that this Permit is herein granted under the following terms and conditions: 1. GRANTOR has had its rights under Uniform Relocation Assistance and Real Property Acquisition Policies Act (Public Law 105-117), Chapter 16 of Division 7 of Title 1 of the Government Code, and Title 25, Chapter 6 of the California Code of Regulations, all as amended, explained. GRANTOR understands that it has the right to have the Permit Area appraised and receive full compensation based on an appraisal. However, GRANTOR, as an inducement to DISTRICT to undertake said improvements, has waived its right under the above- referenced laws to receive said compensation and has granted to DISTRICT free of charge the necessary right-of-way for access to and use of the Permit Area to make said improvements to the Existing Maintenance Road and construct the Bikeway. 2. The right-of-entry herein granted shall be for a period of three (3) months from the commencement of construction activities, and this Permit shall terminate the sooner to occur of: (i)the end of such three (3) month period or (ii) upon filing of a Notice of Completion. GRANTOR shall be given written notice by the Director of OC Public Works, or designee, as to the date DISTRICT requires access to and use of the Permit Area for commencement of construction. 3. Nothing in this Permit is intended nor shall anything in this Permit be construed to transfer to DISTRICT or its successors or assigns, or to relieve GRANTOR or its successors or assigns or predecessors in title, of any responsibility or liability GRANTOR, or its successors or assigns or predecessors in title, now has, has had, or comes to have with respect to human health or the environment, including,but not limited to, responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provision of the law (together, the "Hazardous Materials")). Liability for the existence of hazardous materials on the Permit Area shall be governed by applicable law and each Party shall retain their rights under law to recover cleanup costs and penalties paid, if any, from any person or entity who is ultimately determined by a court of competent jurisdiction and/or a Federal, state or local regulatory or administrative governmental agency or body having jurisdiction. Notwithstanding the foregoing, each Party shall be and remain liable for any hazardous or toxic substances or materials which become located,because of that Party's operations upon, within, or under the Permit Area, The DISTRICT warrants to perform all work under this permit in full compliance with all applicable laws, whether federal, state or local. 4. Each Party represents and warrants that each officer or representative of the Parties affixing his or her signature below has the full legal authority to bind his or her respective Party to all of the terms and conditions of this Permit; that his or her respective Party has the full legal right, power, capacity and authority to enter into this Permit and perform all of the obligations herein; and that no other approvals or consents are necessary in connection therewith. July 13,2016 2