23A - PROJ - DELHI CHANNEL PROJECT

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Exhibit D 14. SF.VERABILITY(PMES 15, IS) If any term, covenant, condition, or provision of this Tunporary Easement is held by a court of eanp stent. jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall room in in fill force and effect and shnIt in noway be affected, hnpah ed or invalidated 0roroby, 13. ATTORNEYS' FEES(PMESMAS) In any action or proceeding brought to enforce or interpret any provision of this Temporary Easement, or where any provision boreal is validly assatted as a defense, each Party shall bear its own attorneys' fees and costs. 16. SUCCESSORS AND ASSIGNS(PIvIES 13.13) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, a;oceutors, administrators and assigns of the Parties beano. - 17. AUTIIORITY(PMES20. IS) The Parties to this T'emporaryPascnant represent and warrant that this Temporary Enson eat has been duly authorized and executed and constitutes tho legally binding obligation of their respective organization or entity, ortorenabto in accordaneo with its terms. IS. FAA CONDITIONS AND RESERVATIONS A. COUNTY hereby roaorves unto itself and its operator John Wayne Airpoat, and their respective successors and assigns, for the use and beuofit of the public, alight of fright for the passage of aircraft in ([to airspnoe above the surface of the above described real properly, together with the right to cacao in said airspace such noiso as inay be inherent in the operation of aircraft, now known, or hereafter used for navigation of or Bight in the said airspace, and for use of said airspace for landing on, taking ori' from or operating on John Wayne Airport. B. GRANTEE by entering into this onsoment, expressly agrees, for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or building nor permit object of natural growth or other obstruction on the above described rent property above a height as determined by the application of the re luiienton(s of 14 C.F.R„ Pal, 77 (FAR Part 77). Itt the event the aforesaid covenant is breached, COUNTY resorves the right to enter on the obovo desaribad real property and to ramove the olfondhtg structure or object and to out the offending natural growth, all of which. shall beat the expense of the GRANT IM. C. GRANTEE by entering into this onsoment, expressly agrees, for itself, its suceawsors and assigns, that it will not make use of the above described real properly in city manner which might interfere with the landing and taking off of aircraft at. the John Wayne Airport, or otherwise constitute an airport hazard. In the event the afaresaid covenant is hruwlredl, the COUNTY reserves the right to enter on the said real in'operty and cause the abatement of such hucforenee nt Ute expense of GRANTEE. 1). Cd'2ANT13E expressly agrees, for itself, its aucwsams and assigns, that irrrequired, it will lite Federal Aviation Adnnivstration (FAA) Form 7460.2, Notice of Proposed Construction or Alteration (or such ottur official form as designatod), for the purpose of ah'apace ovaluation for cry std all eurod slid future Q01vin lotion or modification proposed on the above doserrbed real property. Signature Pages to 17011ow sant. /ma -Delhi DWN'slon Project (fol) WIS Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 53 of 69 23A-109