2.6.7 OCWD’s Reservations2.6.7.1 OCWD hereby reserves the right to grant easements and rights-of-wayfor pole or tower lines for transmission of electricity, and easements, leases andrights-of-way for telephone, telegraph, telecommunication facilities, gas, water,water well(s), sewer and oil lines, for roads and highways, and for other similaruses over and across the Premises at any location or locations within the Premises.In the event Licensee determines that the granting or exercise of any sucheasement, lease, or right-of-way significantly interferes with Licensee'spossession or use of the Premises, Licensee's only remedy shall be to terminatethis License upon thirty (30) days written notice to OCWD. Licensee shall notinterfere with any easements or rights-of-way pertaining to or affecting thePremises.2.6.7.2 OCWD hereby reserves the right to sell, transfer, lease or otherwisedispose of any portion of the Premises at any time. In the event of such sale,transfer, lease or disposition, and notwithstanding any other provision of thisLicense, this License shall, upon the close of escrow or the conveyance of title,terminate as to the portions of the Premises sold, transferred, leased or disposedof, and Licensee shall release the same from the terms of this License and fromany encumbrance which results from this License.2.6.7.3 OCWD reserves the right unto itself to perform any and all workinvolved in protecting, replenishing and/or conserving the basin groundwatersupply and any other work necessary to the functions or purposes of OCWD, asset forth in the Orange County Water District Act, Chapter 924 of the CaliforniaStatutes of 1933, as amended, upon any portion or all of the Premises at any time.Such work may be performed without incurring any liability of any naturewhatsoever to Licensee, and Licensee hereby releases OCWD from, andcovenants not to sue OCWD for, any such liability. OCWD further reserves untoitself the rights of ingress and egress over all or any portion of the Premises.2.6.8 Waiver of Claims: As a material part of the consideration to OCWD under theLicense, Licensee hereby waives any and all claims that it may have against OCWDduring the term of this License, or any extension or renewal thereof, for any damage togoods, wares and merchandise upon or about the Premises, and for any injury toLicensee, its employees, agents, invitees, or to third parties in or about the Premises, fromany cause arising at any time.2.6.9 Surrender of Possession: At the expiration or termination of this License, whetherwith or without cause, Licensee shall promptly quit and surrender the Premises in a goodstate of repair.-11-
2.6.10 Disposition of Abandoned Property: If Licensee abandons or quits the Premisesor is dispossessed thereof by process of law or otherwise, title to any personal propertyleft on the Premises for fifteen (15) or more days after such event shall at OCWD'sopinion, be deemed to have been abandoned and transferred to OCWD. OCWD shallhave the right to remove and dispose of any and all such property without liabilitytherefor to Licensee or to any person or entity claiming under Licensee, and OCWD shallhave no duty to account for such property. Licensee agrees to reimburse OCWD for anyand all costs associated with OCWD transferring or disposing of Licensee’s personalproperty pursuant to this Section.2.6.11 Premises “As-Is”: Licensee acknowledges that the Premises are being providedto Licensee on an “as-is” basis, and Licensee takes and occupies the Premises withoutreliance upon any representation by OCWD, or any of its officers, employees, agents orrepresentatives, or any other person, concerning the Premises, their fitness for Licensee'sintended use or any other particular purpose of use, their income-producing history,potential or capabilities, their value, or any other promise, representation or inducementnot expressly set forth in this License.2.6.12 No Representation or Warranty Concerning Premises: Licensee acknowledgesthat neither OCWD, nor any of its officers, employees, agents or representatives, hasmade any written or oral representation, promise, or warranty, expressed or implied,concerning the Premises, their fitness for Licensee's intended use or any other purpose oruse, their income producing history, potential or capabilities, their value, or any othermatter not expressly set forth in this License.2.6.13 Disputes: In the event that any action is commenced by a party to this Licenseagainst the other to enforce its rights or obligations arising from this License or seekingto interpret this License, the prevailing party in such action, in addition to any other reliefand recovery ordered by the court, shall be entitled to recover all statutory costs, plusreasonable attorneys’ fees. Should OCWD be named in any suit brought by any thirdparty against Licensee in connection with or in any way arising out of Licensee'soccupancy or use of the Premises under this License, Licensee shall pay to OCWD itscosts and expenses incurred in such suit, including reasonable attorneys’ fees.2.6.14 Security Measures: Licensee acknowledges that the Premises are licensed toand accepted by Licensee in an “as-is” condition, and that the License Payments andother sums payable from Licensee to OCWD hereunder do not include the cost ofsecurity guard or any other security services or measures. Licensee further acknowledgesthat OCWD makes no representation or warranty, express or implied, regarding thesecurity of the Premises or the need for or propriety of any security measures at thePremises; and Licensee further acknowledges that OCWD shall have no obligationwhatsoever to provide guard service or any other security measures. Licensee expressly-12-
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AGENDAPROPERTY MANAGEMENT COMMITTEE
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10. ADDITIONAL DEPOSIT OF FUNDS FOR
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MINUTES OF THEPROPERTY MANAGEMENT C
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AGENDA ITEM SUBMITTALMeeting Date:
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Improvements; and Approving and Aut
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CONSENT TO SUBLEASETHIS CONSENT TO
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IN WITNESS WHEREOF, the parties her
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SUBLEASE:This Sublease ("Sublease")
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A. Buckets of Range Balls. Range Ba
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B. Commercial General Liability [ns
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14. NgJjces. All notices, requests,
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EXHIBIT "B"MAP OF SUBLEASED PREMISE
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·'~FU)ATJHG POCK ------~(~ EXTEJ;S
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EXHIBIT"C"IMPROVEMENTSExhibit to be
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PRIOR BOARD ACTION(S)9/5/12, R12-9-
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License #361248March 13, 2013Mr. Do
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Committee directed staff to begin t
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1 INTRODUCTIONOrange County Water D
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8 PRE-SUBMITTAL ACTIVITIES7.1 Quest
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maintain policies similar to those
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2.2 Develop recommendations for lea
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AGREEMENT NO. ***withfor***This Agr
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PART IVDescription of Access Area-2
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City has advised staff that the dep
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Staff advised by OCFCD that they ar
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3/2/11, M11-41 Direct staff to hire
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AGENDA ITEM SUBMITTALMeeting Date:
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Location Map
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Summary of Prior Steps TakenJanuary
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DecemberJanuary 2011FebruaryIssued
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LOCATION MAPSOUTH STREET PROPERTY A