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O&M Fund - monies deposited into the O&M Account in amorous paid in accordance <br />with the terms herein, to be used by OCFCD or COSTA MESA, for Facility operation, <br />maintenance, and repair or replacement required due to a catastrophic event. <br />O&M Recount - a separate account for the Initial O&M Deposit and OCFCD O&M <br />Fund established by OCFCD and maintained consistent with all applicable <br />OCFCD/COUNTY or other governmental laws, toles and regulations pertaining <br />thereto, to receive from SANTA ANA a transfer of $1,000,000 from the Project Fund <br />(e.g. the Initial O&M Deposit), Additional Annual O&M Costs and other monies <br />consistent with the putposes of the O&M Fund. <br />O&M Manual - the Operation and Maintenance Manual for the Facility and <br />components thereof. <br />Oversight Inspector - a qualified OC Public Works inspector or representative <br />assigned through the CPP process by OCFCD/County to verify that construction of the <br />Diversion Structure and other Facilities on OCFCD and COUNTY right-of-way are <br />accomplished in a good, workman -like mariner and in accordance with the Approved <br />Plans per OCFCD and COUNTY standard. <br />NEPA - National Environmental Policy Act, 42 U.S.0 § 4231 et seq. <br />Project — the Santa Ana -Delhi Charnel Diversion Project is a regional water quality <br />project intended to protect Upper Newport Bay from pollutant loadings generated by <br />discharge flows, debris, and trash from the Channel and its watershed, and includes all <br />right-of-way necessary for its implementation. The Project will remove dry -weather <br />channel flows from the Channel watershed with the Diversion Structure, as further <br />defined in Recital B. The Project shall include work within the limits indicated on <br />Exhibit A performed concerning design, construction, and O&M of the Project and <br />Facilities. <br />Project Capital Costs — those Project costs referenced in Exhibit C3 including, but not <br />limited to, design engineering, permits, right -o£ -way, easements, project administration, <br />consultant costs, environmental reports, costs associated with CEQA, NEPA, Resource <br />Agency or Regulatory compliance, surveying,investigation, testing, monitoring, <br />construction, equipment, materials, contracts, warranties, attorney fees, Newport Beach <br />Golf Course lost revenue, costs for defense of CEQA/NEPA lawsuit and costs for <br />hazardous material management activities related to FIM -2 as defined in Section 8 <br />(Hazardous Material). O&M costs are not a part of the Project Capital Costs. <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 6 of 69 <br />23A-58 <br />