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Exhibit D
<br />iiu_oughout_111� Termincluding 7n extension period, of this Temporary Easement. Notwithstanding -the
<br />foregoing, said Features may be removed or relocated if approved by the Airport Director and the Director of
<br />Pub] io Works through. the County Property Permit process.
<br />GRANTEE, shall, at no cost to COUNTY, conduct all activities, including but not limited to the storage of
<br />materials, in, on, or about the Easement Areain a safe, good and wort manlike.manner and in compliance with
<br />all applicable building, fire, and sanitary latus, ordinances, and regulations and shall maintain all equipment,
<br />used in on or about the Easement Area in good repair and in safe condition. Airport Director may, athis sole
<br />discretion, direct GRANTEE to remove items from. the Easement Area, if deemed to be a hazard or nuisance.
<br />GRANTEE acknowledges the Easement Area is situated on COUNTY property with certain recorded deed
<br />restrictions and conditions prohibiting use of the land for any purpose whi0i would constitute a nuisance or be
<br />offensive to the senses, health or safety of persons occupying the label iii adjoining land. GRANTEE agrees to
<br />make every effort to accommodate for the aforementioned nuisattcc0d,restriction in the exercise of its rights
<br />herein.
<br />4. COMPLIANCE WITH REGULATORY AUJ[HO 2ITTES
<br />GRANfEL shall, at its own cost and expense, promptly and at all times., obseme, comolyF:with and carry out all
<br />present and future orders, regulations, directions, rules, lasts, grdrnarices, pennits and requirbtnonts of all
<br />governmental autborities, including but not limited to environntet tai regulatory authorities, with jurisdiction in,
<br />on, ovo.�r and about the Easement Area, which arise from GRANTEE'S use of or performance of any activities
<br />permitted to be conducted in, on, over, or across the Fasetnent Area.
<br />In addition, GRANTEE shall ensure that all activities in, on,• oyer of about the Easement Area are performed in
<br />accordance with any NPDES (National Pollutant Di4clutirgo:limmationSysteni) permit requirements or other
<br />water quality statutes, regulations, ordinances, or permits,, applicable to such activities, including but not limited
<br />to use of appropriate best management practices, so as to cusute that pollutants are not discharged into the
<br />Channel nor into the flood control system.
<br />Prior to the start of any construction activity, GRANTEE shall provide Airport Director and Director of Public
<br />Works a copy of their Water Quality NbRagentent Plan. (WQIVIP) for approval.
<br />No approvals or consents given hereunder by COUNTY, as a party to this Temporary Easement, or concurrence
<br />by District shall be deemed approval as to compliance or carrformanco with applicable governmental codes,
<br />laws, rules or regulations.'
<br />6. CONDITION OF EASEMENT AREA UPON Tl;ftldldNATION
<br />Prior to the tiling of the Notice of Completion or to the expiration of this Temporary Easement, whichever 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 be limited to die removal of construction materials (including stockpiled
<br />material), equipment, and trash and debris. GRANTEE. agrees under no circumstances shall die Channel,
<br />Facility and other improvements and/or facilities within the Easement Area be lett or returned to COUNTY in a
<br />state of partial completion or disrepair. Upon service of written demand from the Airport Director, or dcsignm
<br />GRANT HE shall deliver to COUNTY, at no cost to COUNTY, a Quitclaim Deet to GRANTE.E's right, title
<br />and interest hereunder.
<br />Stola. Ana -Delhi Diversion Froj W (F01) TCE 3 05192916
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 49 of 69
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