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Exhibit D
<br />throughout die Tenn, including any extension period, of this Temporary Easement. Notwithstanding the
<br />foregoing, saidfeatures may he removed or felocalod if approved by the Airport Director and the Director of
<br />Public Works tlu•oug(ttheCountyPmpet1yl3umitproeess,
<br />GRANTFR shall, at no cost to COUNTY', conduct All Activities, including but not limited to the storage of
<br />Anatotialk, in, on, or about the Easement Area in a safe, good and wodunanlike harmer and in compliance with
<br />all applicable building, fire, and soniauy laws, ordinances, and regulations and shall maintain all equipment
<br />used in on or about the Easement Area in good xopair and in safe condition, Airport Ditcetor may, at his solo
<br />diserot'ion, direct GRANTEE to rernnvo items from the Eoroment Aran, if doomed to boa hazard or nuiaauce.
<br />GRANTEE acknowledges the Easement Arca is situated on COUNTY property with certain recorded deed
<br />restrictions and conditions pmbibithng use of•tho land for any purpose which would constitute itnuisance or be
<br />affonsivo to the senses, health or safety of pairs ons occupying the land or adjoining land. GRANTEE agrees to
<br />make every effort to accommodate for the aforementioned nuisance doed restriction in the exercise of its rights
<br />herein.
<br />COMPLIANCE WITH REGULATORY AUTHORITIES
<br />GRANTEE shall, At its own cost and expense, promptly unit at all times observe, comply with and carry out all
<br />present and funum orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
<br />govemmertal authorities, including but not limited to environmental regulatory Authorities, with jurisdietlon in,
<br />on, over and about ilia Easement Arca, which arise from GRANTEE .S use of or porforaiamia of any activities
<br />permitted to be conducted in, an , over, or across the Easement At
<br />In addition, GRANTEE shall cnsura that all activities in, on, over or. about the Easement Area are perfmacd in
<br />accordance with any NPOUS (Nadcast Pollutant Discharge Elimination System) permit requhomenh or other
<br />water quality stalmos, regulations, ordinances, or permits, applicable to such activities, including but not limited
<br />to use of appropriate hest management practices, so as to onsure fiat pollutants are not dtschergod into die
<br />Channel nor into the flood control system.
<br />Prior to tho atart of any construction. activity, GRANTEE shall provide Airport Director And Director of Public
<br />Worka A copy of their Wetter Quality Mmagerrom Plan (WQMP) for approval.
<br />No approvals or co6,sents given hercuuder by COUNt•Y, as a party to this Temporary Easomont, or concarrence
<br />by District shall be deoned approval as to compliance or coufomanee with applicable governmental codes,
<br />haws, rules or regulations.
<br />CONDITION OF EASEMENT AREA UPON TERMINATION
<br />Prior to the filing or the Notico of Completion or to the expiration of this Temporary Easement', whiohovur first
<br />occurs, GRANTEE agrees at its expense to restos: ilia Easement Area to the Airport Director's satisfaction.
<br />Said restoration shall. ittaludo, but not be limited to the removal of construction materials (including stockpiled
<br />material), etuiprnunt, Amt trash and debris. GRANTEE agneas under no oiremnsia em shall the Channel,
<br />Facility and other Improvements and/or facilities widdn ilia Easement Arca be loft or returned to COUNTY Ina
<br />state of partial completion or disrepair. Upon service of written denandflrom the Airport Director, or designee
<br />GRAKII?F, An 11 deliver to COUN'T'Y', at no coat to COMY, a Quitclaim Deed to GRANTRF,'s right, title
<br />And interest borermdor,
<br />a..[. M.45,11tl Di rsido arulid(rot) WE, 3 05193016
<br />Santa Ana -Delhi Channel. Diversion Project Agreement D15-013 Page 49 of 69
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