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Exhibit D
<br />throughout fits Term, including any oxtensionperiod, of this Temporary Easmnent• Notwithstanding the
<br />foregoing, saidfeatures may be removed or relocated if approved by tare Airport Director and 'the Director of
<br />Public Works througtttlte CountyProperlyl'umitprocess.
<br />GRANTEE shall, at no cost to COUNTY', conduct all activities, including but not limited to ale storage of
<br />materials, in, on, or about the EascanenI Area ht a nolo, good and worktnaallies annular athd in complinnoo whir
<br />all applicable building, fire, and sanitary laws, ordinances, and regulations and shall maintain all equipment,
<br />used in on or about the Ratsemeit Area in good repair and in safe condition. Airport Director may, at his solo
<br />disauf oo, direct GRANTEE to rurnovo items front the Easement Area, if deomed to be a handl or nuisance.
<br />GRANTEE acknowledges the Easement Arca is situated on COUNTY property with certain recorded deed
<br />restrictions and conditions prohibiting use oftlhe land for any purpose which would constitute It nuisance or be
<br />offensive to the senses, health or safety of parsons occupying the land or adjoining land. GRANTEE agrees to
<br />make every effort to accommodate for the aforementioned nuisance deed romictlon in the exercise of its rights
<br />herein.
<br />COMPI.IANCr,, WITH REG IJI.ATORY AUi'AORITIES
<br />GRANTEE shall, at its own coat and expenao, promptly and at all tines observe, comply widh and carry art all
<br />present and future orders, regulations, directions, rules, laws, orduaneo% permits and requirements of all
<br />governmental authorities, Including but not limited to environmental regulatory authorities, withjurisdietlon in,
<br />on, overlaid about fire Easement Area, which arise from GRANTEES use of a• performance of any activities
<br />permitted to be conducted in, on ,aver, or across the Easement Anal. -
<br />In addition, GRANTEE shell ensuko that all activities in, on, over or, about fire Easement Area are performed in
<br />accordance with any NPDIIS (National Pollutant Discharge Elimination System) permit requirements or other
<br />water quality statutes, regulations, ordinances, or permits, appliurblo to such activities, including but not limited
<br />to use of apprepriato best managerpenl practices, so as to ensure that pollutants are not discharged into the
<br />Channel nor into the flood central system.
<br />Pt ter to the start of any construction. activity, GRANTEE slash provide Airport Director and Director of Public
<br />Works a copy of their Wator Quality Management Plan (WQMP) for approval.
<br />No approvals or consonts given hereunder by COUNTY, as a party to this Temporary Easement, or concurrence
<br />by District shall be deomed approval as to compliance or conformance with applicable governmental codes,
<br />laws, rule.% or regulations.
<br />CONDI'T'ION OF h1ASE;NITsN'I` AREA UPON TERMINA'T'ION
<br />Prior to the tiling of the Notice of Completion or to the expiration ofttis Temporary Easement, whichover 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 he limited to the removal of cons unction materials (including stockpiled
<br />material), equipment, kind tush and debris. GRANTEE, agrees under no circumstances shall the Channel,
<br />pneility and other 1mprovonrsnts and/or facilities within the Easement Area be Ieil or remrnul to COUNTY in a
<br />state of partial completion or disrepair. Upon service of written demand Imm the Alport Director, or designee
<br />GRd',NTEE On It deliver to COUNTY, at no cost to COUNTY, a Quitclaim Dealt to GRAMMi'i right, title
<br />and interest hereunder.
<br />Santo MID01hl UVIN1011 VMJSct (r'at)'Wa 3 05191016
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 49 of 69
<br />20C-59
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