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-- Exhibit D
<br />14, SEVERABILITY (PNIES15.IS)
<br />If any term,, covenant, condition, or provision.of this Temporary Easement is held by a court of competent
<br />jurisdiction to be invalid, void, or unenforccable, the remainder of the provisions hereof shall remain. in full
<br />force and effect and shall in no way be affected, impaired or invalidated thereby.
<br />15. ATTORNEYS' FEES (PIMES16.13)
<br />In any action or proceeding brought to enforce or interpret any provision of this Temporary Easement, or where any
<br />provision hereof is validly asserted as a defense, cacti Party shall bear its own attorneys' fees and costs.
<br />16, SUCCESSORS AND ASSIGNS (PMES1S.IS)
<br />The terms, covenants, and conditions contained herein shall apply to.,and. bind the heirs, successors, executors,
<br />administrators and assigns of the Parties hereto.
<br />17. AUTHORITY (P&ffiS20.IS)
<br />The Parties to this Temporary Easement represent and warrant that this Temporary. Easement has been duly
<br />authorized and executed and constitutes the legally binding obligation of their respective organization or entity,
<br />enforceable in accordance w ith its terms.
<br />18. FAA CONDITIONS AND RE, SERYAT1ONS
<br />A. COUNTY hereby reserves unto itself and its operator John Wayne Airport, and their respective successors
<br />and assigns, for the use and benefit of the public,. a right of dight fsar the passage of aircraft- in the airspace
<br />above the surface of the above described real property, tpgedier with :the tight to cause in said airspace such
<br />noise as may be inherent in the operation of aircraft; now known: or hereafter. used for navigation of or. fight in
<br />Chs said airspace, and for use of said airspace for landing, on taking ofi from or operating on. John. Wayne
<br />Airport.
<br />B. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns,
<br />that it will not croce nor permit the crection of any structure or building nor permit object of natural growth or
<br />other obstruction on the above described real property above a height as determined by the application of the
<br />requirements of 14 C.F.R.;1Part 77 (FAR Part 77). ht the event the aforesaid covenant is breached, COUNTY
<br />reserves the.. right to enter on the above described read property and to remove the ofending structure or object
<br />and to cut the offending natural growth, all of which shall beat the expense of the GRANTEE,
<br />C. GRAN 1. by entcrike into this casement, expressly agrees, .for itself, its successors and assigns,
<br />that it will not make use of the above described real property in any manner which might interfere with the
<br />landing and tatting off of aircraft at, the John Wayne Airport, or otherwise constitute an airport hazard, In. the
<br />event the aforesaid covenant is breached, the COUNTY reserves the right to enter on the said real property and
<br />cause the Aitement of such interference at lire expense of GRANTEE,
<br />D. GRANTEE expressly agrees, for itself, its successors and assigns, that if required, it will file Federal
<br />Aviation Administration (FAA) Form 7160-1, Notice of Proposed Construction or Alteration (or such other
<br />official form as designitod), for the purpose of airspace evaluation for any and all current andfuture
<br />construction or modification proposed on the above described real property.
<br />Signature Poges to Frillow
<br />Santa Ann -Delhi Diversion Project (Ynl) IrF 7 05192U16
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 53 of 69
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