assumes all responsibility for the protection and security of the Premises, Licensee, itsagents, employees, invitees and property within the Premises from any and all acts of anythird party.2.6.15 No Obligation to Third Parties: Execution and issuance of this License shall notbe deemed to confer any rights upon, directly, indirectly or by way of subrogation, norobligate either of the parties hereto to, any person or entity other than OCWD andLicensee.2.6.16 Waiver: Any waiver by any party of a breach of any provision of this Licenseshall not be deemed a continuing waiver or a waiver of any subsequent breach whether ofthe same or of another provision hereof.2.6.17 OCWD's Liability on Termination: Licensee hereby waives all damages orclaims for damage that may be caused by any action of OCWD in terminating thisLicense (either with or without cause), or taking possession of the Premises as providedin this License or at law, and Licensee waives all claims for damages to or loss of suchproperty of Licensee as may be in or upon the Premises upon the termination of thisLicense.2.7 Maintenance and Repair of Premises2.7.1 Licensee’s Obligation to Maintain Premises: Licensee shall at all times during theterm of this License, and any extension or renewal thereof, at its sole cost and expense,remove all trash and debris from the Premises. Licensee shall also keep and maintain ingood condition and in substantial repair (all to the satisfaction of OCWD in its solediscretion), the Premises and all appurtenances and every part thereof, includingimprovements of any kind erected, installed or made on or within the Premises. Licenseeshall at all times in the maintenance and use of the Premises and the buildings, structures,facilities, improvements and equipment thereon, comply with all laws, ordinances andregulations pertaining thereto, and all conditions and restrictions set forth herein.Licensee expressly agrees to maintain the Premises in a safe, clean, wholesome, andsanitary condition and free of trash and debris, to the complete satisfaction of OCWD andin compliance with all applicable laws.2.7.2 Licensee’s Default of its Maintenance Duties: In the event that Licensee fails,neglects or refuses to remove trash or debris deposited by Licensee or its invitees on thePremises or to maintain or make repairs or replacements as required by this License,OCWD shall notify Licensee in writing of such failure or refusal. Should Licensee fail orrefuse to correct such default within ten (10) days of receipt of such written notice fromOCWD, OCWD may, but shall not be required to, itself or by contract, undertake thenecessary maintenance, repair or replacements; and the cost thereof, including but notlimited to the cost of labor, materials and equipment and procurement of insurance, plus-13-
an administrative fee in the amount of fifteen percent (15%) of the sum of such costs,shall be paid by Licensee to OCWD within ten (10) days of Licensee's receipt of astatement of such costs from OCWD. Any such maintenance, repair or replacement by oron behalf of OCWD shall not be deemed to be a waiver of Licensee's default under thisLicense, and shall not in any way impair, prevent or restrict OCWD from exercising anyof its rights or remedies set forth in this License or otherwise provided at law.2.8 Miscellaneous2.8.1 Notices: Any notice, payment or instrument required or permitted to be given ordelivered by this License may be given or delivered by personal delivery or by depositingthe same in any United States mail depository, first class postage prepaid, and addressedas follows:If to OCWD:If by mail:If by personal delivery:If to Licensee:ORANGE COUNTY WATER DISTRICTP.O. Box 8300Fountain Valley, CA 92728-8300Attn: Property ManagementORANGE COUNTY WATER DISTRICT18700 Ward StreetFountain Valley, CA 92708Attn: Property ManagementTo such name and address set forth for Licensee inPart I of this License,or such other person or address as either party may direct in writing to the other;provided, however, that such new or different person or address shall not becomeeffective until acknowledged in writing by the party to who directed. Except whereservice is by personal delivery or by registered or certified mail, return receipt requested,service of any instrument or writing shall be deemed completed forty-eight (48) hoursafter deposit in a United States mail depository.2.8.2 Warranty of Authority: Each officer of OCWD and Licensee affixing his or hersignature to this License warrants and represents by such signature that he or she has thefull legal authority to bind his or her respective party to all of the terms, conditions andprovisions of this License, that his or her respective party has the full legal right, power,capacity and authority to enter into this License and perform all of its provisions andobligations, and that no other approvals or consents are necessary in connectiontherewith.-14-
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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 II GENERALPROVISIONSSECTION ON
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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