23A - PROJ - DELHI CHANNEL PROJECT

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Exhibit 1) Area; and activities associated with realigmuent of an access road, GRANT'EE'S rights shall also include the right to park or place vehicles, equljmaent or,alorage containers and to store or stockpile conahuclion materials, tools, implements mad other construction related equipmeut and materials, in the Easemenl,Aaca as the case may be. The Parties agree the exercise of lite tights granted herein shall be in confmmity with the terms of 1110L certain Santa Ana -Delhi Channel Diversion 13pjoct Agreement D15-013 dated(Agreement"). It is understood and iltmod by the Parties hereto and their successor and assigns that the rights granted in this Temporary Easement shall be subject to the following terns, conditions, and reservations: i. TERM This Temporary Easonent shall be effective for a maximum perAid of twenty --four (24) months ("Terns'), commencing on OMIT]' written nalice to the Airport Director and the Director GC Public Works, or their designees, of connnencomem of possession, and shall terminate upon recordation o£a. Notice of Completion, or at the end of the Term, whichever first occurs. The Tontt may be cxteuded by mutual agreement of the GRANTEE, the Aiupot Director mad Director of Pub he Woicsortitcirdesignees. Anyrequest for extension must be in writing, shah state dtoroiluosted extension Period, and he 1'mwarded to rho Airport Director and the Director of Public Works vin Expre®s or Certified U.S. Pastat Satvice, personal delivery, by oouriei' or by Overnight delivery service and xdth'cssed as provided herein below in ,Section 11. (Notieo) no later Uama thirty (30) days' infinite the expiation.o£lltc Term of this Temporary Easement, Approval, of such request', sling be deemed denied unless both Directors or their dosiguees provide GRANTEE with written Approval at the requested extemion within fifteen (1.5) days of receipt of the request to extend, which approval shall not be unreasonably withhold. In no event shall this Temporary Easement be extended beyond 31 GRANTEE RESPONSIBILITIES GRANTEE hereby acknowledges that thre Easernent Area lies in, on and about die Channel, a regional flood control facility. GRANT"EE shall perform all wort, in such a mannor that will allow for tmobstmoted fiend control. Operations and rnaintoname of tho Channel by COUNTY or the Orange County Flood Central District (°'Dieteiel''0• GRANTEE shall have all construction plans and specifications approved in writing by the Airport Director and the Director o'fPublic Works or their designees prior to commencement of any wont ha, on of about me Easement Aiea;. and upon completion of any such work, GRANDEE shall immediately notify both Directors or their designees in writing of such completion. Any change orders to the approved plana and specifications that Alta the dwign shall be submitted for Abpert Qilector and the Director o'fPublic Work's written approval through the County Property Permit process prior to implementation of the design change. Approval of GRANTEE'S construction and/or rmdntmnuweplans stall not be doomed Approval'f)•mn the standpoint of structural safety, suitability for purpose or oanfonmmee with buihhitg or other codes or othm' governmemalraquiraments. COUNTY is not responsible for poun,itting Of any construction and/or maiuten;utce, design, nssmnptions or awuraoy oPGRANTf?E'S constmotian mul/or nudntonance pians. DixAotor approval will be based on the professional expertiso of the Engineer of Record when approving GRANTEE'S conslructian and/or trip intenunoc plans. GRANTEE shall, at no cost to COUNTY; maintain the Easement Area and Channel is good repair and in safe condition, And protect In: place any slope features, troop and/or landscaping within the Easement Area parva MmDe161 nM,, nn Peojw (POR) Tag i 051WO16 Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 48 of 69 23A-104