ORANGE, COUNTY;ORANGE COUNTY FLOOD CONTROL DISTR.; IRVINE RANCH WATER DISTR., (2)

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Exhibit D Area; and activities associated with realignment of an access road. GRANTEE'S rights shall also include the right to park or place vehicles, equipment or storage containers and to store or stockpile construction materials, tools, implements and other construction related equipment and materials, in the Easement Area as the case may be. Tire Parties agree the exercise of the rights granted herein shall be in conformity with the terns of that certain Santa Ana -Delhi Cliannel Diversion Project Agreement D 15-013 dated _ ("Agreement' It is understood and agreed by the Parties hereto and their successor and assigns that the rights granted in this Temporary Easement shall be subject to the following terms, conditions, aml rescrvati.ons: 1. TERM This Temporary Faseent shall be effective for a maximum period of twenty-four (24) months C` Term'), commencing on GRAN'TEE'S written notice to the Airport Director and the Director OC Public Works, or their designed, of commencement of possession, and shall terminate upon recordation of a. Notice of Completion, or at the enol of th e Term, whichever first occurs. EXTENSIONS The Term may be extended by mutual agreement of the GRANTEE, the Airport Director and Director ofPublic Works or their designees. Any request for extension must be in writing, shall state the requested extension period, and be forwarded to the Airport Director and the Director of Public Worb via Express or Certified 11. S. Postal Service, personal delivery, by courier or by overnight delivery service and addressed as provided herein below in Section 11. (Notice) no later than thirty (30) flays' prior to the expiration of the TerniL of this Terri Easement. Approval of such request shall be deemed denied unless both. Directors or their designees provide GRANTEE with written approval of the requested extension within fitleecrr (15) days of receipt of the request to ex.Cwid, which approval shall not be unreasonably withheld. In no event shall this Temporary Easement be extended beyond 3. GR A:N FEE RCSPOINSISTi MES GRANTEE hereby acknowledges that the Easement Area lics in, on and about. the Channel, a regional flood control f rcility. GRANTEE shall perform all work in such a manner that will allow for unobstructed flood controL operations and. maintenance of the Channel by COUNTY or the orange County Flood Control Distnet ("District"). GRANTEE shall have all construction plans and specifications approved in writing by the Airport Director and the Director of Public Works or their cies ignees prior to commencement of any work in, on or about the Easement Area;. and upon completion of any such %York, GRANTEE shall immediately notify both Dh-cctors or their designees i n wri6n of.sucir completion, Any change orders to the approved plans and specifications that alter the design shall be submitted for Airport Director and the Director of Public Work's written approval through the County Property Permit process prior to implementation of the design. change. Approval of GRAN'TEE'S construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or otber codes or other governmental requirements. COUNTY is nut responsible for permitting of any construction and/or Mliritanance, design, assumptions or accuracy of GRANTEE'S construction andlor maintenance plans. Director approval will be based on the professional expertise of the Engineer of. Record when approving GRANTEE'S construction andfor maintenance plans. GRANTEE shall, at no cost to COUNTY, maintain the Easement Area and Channel in goodrepair and in safe condition, and protect in place any slope features, trees and/or kmdgeapurg within. the Easement Area Sant¢ MIR-Defid Diversion Project (FOI) TCE 2 051912016 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 48 of 69