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20C - AA - DELHI CHANNEL PROJ
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20C - AA - DELHI CHANNEL PROJ
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Last modified
11/10/2016 3:50:12 PM
Creation date
11/10/2016 3:43:16 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20C
Date
11/15/2016
Destruction Year
2021
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Exhibit 1) <br />Alta; and activities assochlod with realigmnent of an access road, GRANTEE'S rights shall also include the <br />right to park or place vehicles, equipment or storage containers and to store or stockpile construction materials, <br />tools, implements mrd Other construction related equipment And materials, in the Easement Arca as the case may <br />lie. The Parties agree the exercise of the rights granted hereinshall be in conformity with the terms of that <br />Certain Santa Ana -Delhi Charmol Diversion Rvjoct Agreement D15.013 dated("Agreement"). <br />It is understood and Agreed by the Parties heroin mid their successor and assigns that the rights granted in this <br />Tanporary Easement shalt be subject to the following terns, conditions, andreseavations: <br />1. TERM <br />This Temporary Easement shall be affective for a maximum period of ttwegty-four (21) months (`Term'), <br />commencing on GRANTEE'S written notice to the Airport Director mid the Director OC Public Wmka, or thch• <br />designees, of conumucemont of possession, aml shall terminate upon recordation of a Notice of Completion, or <br />at the end c)f the Teeny which "rtr first orcins. <br />EXTENSIONS <br />The Tenn may be extended by mutual agreement of the GRANTEE, the Airport Director mid Director of Public <br />Works or their designees. Anyrequest for extension must to in writing, shall state the twquesled extension <br />period, anti be forwarded to the Airport Director and the Director of Public Worts via Express or Codified U.S. <br />Poatal Service, personal delivery, by Courter or by overnight delivery service and addressed as provided (rerein <br />below in Section 11. (Notice) no later than thirty (30) days' prior to the expiration of the Term of ids <br />Temporary Easement. Approval, of such requeat shall be deemed denied notices built Directors or their <br />designees provide GRANTEE with written approval of the requested extension within f1floen (15) days of <br />iweeipt of the request to extend, which approval shill not be unreasonably withhold, <br />In no event shall this Temporary Easement be extended beyond,�,__,_.T <br />3. GRANTEE RESPONSIBILITIES <br />GRANTEE hereby Acknowledges that the Easement Area lies in, on and about. die Channel, a regional flood <br />control facility. GRANTEE alu llperform allwork in such it manner flat will allow for uttobstruetod flood <br />controloperations and maintenance of tlac Channel by COUNTY or the Orange County Flood Control District <br />("District"). GRANTEE shall have all construction plans anti specifications approved in writrlg by die Airport <br />D'uuctor and the Director of Public Works or their designoes prior to eommenccmeut of tory work in, on or <br />About the Easement Amen;. and upon completion of any such work, GRANTEE shall immediately notify both <br />Directors or their designees in writing of such completion. Any change orders to the approved plants and <br />specifications than altar lie design shall be submitted for Airport Dirootm and the Director of Pubho Work's <br />written approval through the County Property Permit process prior to implementation of the design change. <br />Approval of GRAN'TEE'S cowdraction and/or rnlinkmance plans stall non be deemed approval fian the <br />standpoint of structural safety, suitability for purpose or eonfonnuaeo with building or otha codes or otter <br />governmental requirements. COUNTY is not responsible for permitting of any construction and/or <br />maintenance, desiM assmuptions or accuracy of GRANTEE'S eonstruedratanVor maintenance plans. D'u•oetor <br />approval will be based on the professional expatlse of the Engiucor of Record when approving GRANTEE'S <br />construction andVor maintenance plans. <br />GRANTEE shall, at no cost to COUNTY; maintain the Easement Area and Clannel in good i opak And in safe <br />condition, and protect in: place may shape features, owes and/or landsoaping width' the Easement Area <br />Santa Nm.D&I Dfwnlmr Mi ect(P(a) TOR 2 05191016 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 48 of 69 <br />20C-58 <br />
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