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RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)RW 8-3 (Rev. 6/95)Document No. 102794Page 2 of 3(D)In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in clause2A above includes the sum of $80,100.00 as an incentive to the grantor for the timely signing of this Right ofWay Contract. This incentive payment offer expires sixty (60) days from the Initiation of Negotiations(February 13, 2013).3. Permission is hereby granted to State or its authorized agent to enter upon grantor land where necessary within thatcertain area shown outlined on the map attached hereto and made a part hereof, for the purpose of adding theproposed auxiliary lane approaching the Tustin Avenue exit.It is further understood that the Grantor grants the State or its authorized agent permission to enter upon Grantor’sremaining land, where necessary, to install and remove temporary fencing.4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the rightof possession and use of the subject property by the State, including the right to remove and dispose ofimprovements, if any, shall commence on April 30, 2013 or the close of this escrow controlling thistransaction, whichever occurs first, and that the amount shown in clause 2(A) herein includes, but is notlimited to, full payment for such possession and use, including damages, if any, from said date.5. It is understood and agreed by and between the parties hereto, that payment in Clause 2(A) above includes, butis not limited to, payment for the following items, which are considered to be part of the property and are beingacquired by the State in this transaction: 15,000 SF of landscaping (small to large mature tree growth accentedas buffer to perimeter and slope, includes irrigation commensurate to area).6. In consideration of the State’s waiving the defects and imperfections in the record title, the undersignedGrantor covenants and agrees to indemnify and hold the State of California harmless from any and all claimsthat other parties may make or assert on the title to the premises. The Grantor’s obligation herein to indemnifythe State shall not exceed the amount paid to the Grantor under this contract.7. State agrees to indemnify and hold harmless the Grantor from any liability arising out of State’s operationsunder this agreement. State further agrees to assume responsibility for any damages proximately caused byreason of State’s operations under this agreement and State, will, at its option, either repair or pay for suchdamage.8. Escrow will be handled through an internal escrow with the Department of Transportation, 3347 MichelsonDrive, Suite 100, Irvine, CA 92612-8894. The title report number is 210-1201236-20.9. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances,and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures,improvements or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in asgood condition as found.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)RW 8-3 (Rev. 6/95)Document No. 102794Page 3 of 3In WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.APPROVED AS TO FORM:RUTAN & TUCKER, LPBy:General Counsel,Orange County Water DistrictBy:MICHAEL R. MARKUS, P.E.General ManagerOrange County Water DistrictBy:SHAWN DEWANEPresidentOrange County Water DistrictRecommended for Approval:Approved:By:JESSICA FREEMANRight of Way AgentSTATE OF CALIFORNIADepartment of TransportationBy:RICKY RODRIGUEZBy:Office ChiefJOE CANCHOLA, Branch Chief Office of Right of Way – District 12R/W Acquisition/Airspace/RailroadsNO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
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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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Contractor’s insurance and shall
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indemnify, defend, and hold harmles
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3.11 Waiver. No delay or omission i
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To OCWD:Orange County Water Distric
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PART IVSCOPE OF SERVICESA. Services
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EXHIBIT COCWD PROPOSAL EVALUATION F
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AGENDA ITEM SUBMITTALMeeting Date:
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Location Map
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Page 77 and 78: equired environmental compliance; w
Page 79 and 80: MEMORANDUM OF UNDERSTANDINGBy and B
Page 81 and 82: 10. The parties hereto agree to neg
Page 83: Exhibit A
Page 86 and 87: On March12, 2013, Ray Currie, who p
Page 88 and 89: Location MapLICENSE AGREEMENTS WEST
Page 90 and 91: LICENSE AGREEMENT(RAYMOND CURRIE, J
Page 92 and 93: License Agreement Ray Currie (3-18-
Page 94 and 95: 2.2.3 Acceptance by OCWD of any del
Page 96 and 97: equivalent endorsement provided to
Page 98 and 99: 2.5.2 Indemnification: Irrespective
Page 100 and 101: 2.6.7 OCWD’s Reservations2.6.7.1
Page 102 and 103: assumes all responsibility for the
Page 104 and 105: 2.8.3 Headings: The titles and head
Page 106 and 107: BY PLACING ITS INITIALS HERE, LICEN
Page 108: P ART IV[Map of the Premises]-19-
Page 111 and 112: of the City of Anaheim’s water pi
Page 113 and 114: PRIOR BOARD ACTION(S)10/3/12, Motio
Page 115 and 116: Location MapLane Extension and Util
Page 117 and 118: LOCATION MAPIMPERIAL HIGHWAY PROPER
Page 119: STATE OF CALIFORNIA-DEPARTMENT OF T
Page 123 and 124: RIGHT OF WAY CONTRACT - STATE HIGHW
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Page 128 and 129: Terms.Original termTerms10 years.Op
Page 130 and 131: LICENSE AGREEMENT(FREEDOM TELECOMMU
Page 132 and 133: APPROVED AS TO FORM:RUTAN & TUCKER,
Page 134 and 135: 2.2.3 Acceptance by OCWD of any del
Page 136 and 137: equivalent endorsement provided to
Page 138 and 139: 2.5.2 Indemnification: Irrespective
Page 140 and 141: 2.6.7 OCWD’s Reservations2.6.7.1
Page 142 and 143: assumes all responsibility for the
Page 144 and 145: 2.8.3 Headings: The titles and head
Page 146 and 147: 2.9.1.1 In the event that Licensee
Page 148 and 149: Premises, and from the cost of defe
Page 150: PART IVDescription of Access Area-2
Page 153 and 154: City has advised staff that the dep
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Page 157 and 158: 3/2/11, M11-41 Direct staff to hire
Page 160 and 161: AGENDA ITEM SUBMITTALMeeting Date:
Page 162: Location Map
Page 165 and 166: Summary of Prior Steps TakenJanuary
Page 167 and 168: DecemberJanuary 2011FebruaryIssued
Page 169: LOCATION MAPSOUTH STREET PROPERTY A
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