ORANGE COUNTY WATER DISTRICT (5) - 2016

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Centennial Lake filling systems, precipitation, or any other occurrence, If City or District determine a particular discharge event into the Centennial Lake is not feasible, District shall use the discharge outlet to the Greenville Banning channel and shall perform at its sole cost the necessary testing and permitting to comply with regulatory discharge requirements. District shall obtain all necessary permits for discharge to the channel. Discharge to the Greenville Banning charnel will occur via a new air -gap structure located in the southwest portion of the park. One wall of the new air -gap structure will replace the current high school sign. The new air -gap will discharge to the existing City storm drain catch basin located on the north side of the Centennial Park access road as shown in Exhibit 2. The fl-equency, duration, and volume of District's discharge events will be determined by the individual performance of each injection well. It is anticipated that during normal injection operations there will be two (2) discharge events per week totaling 140,000 gallons per week. 1.2 Coordination, 1.2.1 Design and Environmental Docrunentation. As stated in the MOU, on file with the City and District, District shall be responsible for the design and construction of the Project, preparation of all documents to comply with California Environmental Quality Act and National Environmental Policy Act, and shall provide staff assistance to the City of Santa Ana for coordination with the United States Department of the Interior. The District shall 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. The District shall include the City in the design comment and review processes. 1.2.2 State Grant, 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 mutually agree that any binding commitment is expressly conditioned upon approval by the State of California (hereinafter, the "State"), The District shall assist the City in submitting required documentation to the State. The City understands that time is of the essence and will make a good faith effort to expedite this approval process. 1.2.3 Federal Government. The parties agree that a precondition to any binding commitment requires concurrence 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 licenses thereon require Federal concurrence, The District shall assist the City in submitting required documentation to the Federal Goverunent. The City understands that time is of the essence and will make a good faith effort to expedite this approval process. Notwithstanding any provision of this Agreement, the parties mutually agree that any binding conunitment is expressly conditioned upon concurrence by the Federal Government. In the event. that this License is issued prior to concurrence of the 13 1/022499-00 16 9316498.1 -3°