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ORANGE, COUNTY;ORANGE COUNTY FLOOD CONTROL DISTR.; IRVINE RANCH WATER DISTR., (2)
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ORANGE, COUNTY;ORANGE COUNTY FLOOD CONTROL DISTR.; IRVINE RANCH WATER DISTR., (2)
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12/27/2017 1:08:41 PM
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5/8/2017 3:53:42 PM
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Contracts
Company Name
ORANGE, COUNTY;ORANGE COUNTY FLOOD CONTROL DISTR.; IRVINE RANCH WATER DISTR.,
Contract #
A-2016-180
Agency
Public Works
Council Approval Date
7/5/2016
Destruction Year
0
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Exhibit D <br />Area; and activities associated with realignment 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 and other construction related equipment and materials, in the Easement Area as the case may <br />be. Tire Parties agree the exercise of the rights granted herein shall be in conformity with the terns of that <br />certain Santa Ana -Delhi Cliannel Diversion Project Agreement D 15-013 dated _ ("Agreement' <br />It is understood and agreed by the Parties hereto and their successor and assigns that the rights granted in this <br />Temporary Easement shall be subject to the following terms, conditions, aml rescrvati.ons: <br />1. TERM <br />This Temporary Faseent shall be effective for a maximum period of twenty-four (24) months C` Term'), <br />commencing on GRAN'TEE'S written notice to the Airport Director and the Director OC Public Works, or their <br />designed, of commencement of possession, and shall terminate upon recordation of a. Notice of Completion, or <br />at the enol of th e Term, whichever first occurs. <br />EXTENSIONS <br />The Term may be extended by mutual agreement of the GRANTEE, the Airport Director and Director ofPublic <br />Works or their designees. Any request for extension must be in writing, shall state the requested extension <br />period, and be forwarded to the Airport Director and the Director of Public Worb via Express or Certified 11. S. <br />Postal Service, personal delivery, by courier or by overnight delivery service and addressed as provided herein <br />below in Section 11. (Notice) no later than thirty (30) flays' prior to the expiration of the TerniL of this <br />Terri Easement. Approval of such request shall be deemed denied unless both. Directors or their <br />designees provide GRANTEE with written approval of the requested extension within fitleecrr (15) days of <br />receipt of the request to ex.Cwid, which approval shall not be unreasonably withheld. <br />In no event shall this Temporary Easement be extended beyond <br />3. GR A:N FEE RCSPOINSISTi MES <br />GRANTEE hereby acknowledges that the Easement Area lics in, on and about. the Channel, a regional flood <br />control f rcility. GRANTEE shall perform all work in such a manner that will allow for unobstructed flood <br />controL operations and. maintenance of the Channel by COUNTY or the orange County Flood Control Distnet <br />("District"). GRANTEE shall have all construction plans and specifications approved in writing by the Airport <br />Director and the Director of Public Works or their cies ignees prior to commencement of any work in, on or <br />about the Easement Area;. and upon completion of any such %York, GRANTEE shall immediately notify both <br />Dh-cctors or their designees i n wri6n of.sucir completion, Any change orders to the approved plans and <br />specifications that alter the design shall be submitted for Airport Director and the Director of Public Work's <br />written approval through the County Property Permit process prior to implementation of the design. change. <br />Approval of GRAN'TEE'S construction and/or maintenance plans shall not be deemed approval from the <br />standpoint of structural safety, suitability for purpose or conformance with building or otber codes or other <br />governmental requirements. COUNTY is nut responsible for permitting of any construction and/or <br />Mliritanance, design, assumptions or accuracy of GRANTEE'S construction andlor maintenance plans. Director <br />approval will be based on the professional expertise of the Engineer of. Record when approving GRANTEE'S <br />construction andfor maintenance plans. <br />GRANTEE shall, at no cost to COUNTY, maintain the Easement Area and Channel in goodrepair and in safe <br />condition, and protect in place any slope features, trees and/or kmdgeapurg within. the Easement Area <br />Sant¢ MIR-Defid Diversion Project (FOI) TCE 2 051912016 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 48 of 69 <br />
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