2.8.3 Headings: The titles and headings of Sections and Paragraphs of this License, asherein set forth, have been inserted for the sake of convenience only, and are not to betaken, deemed or construed to be any part of the terms, covenants or conditions of thisLicense, or to control, limit or modify any of the terms, covenants or conditions hereof.2.8.4 Time of Essence: Time is of the essence of this License. Failure to comply withany requirement, including but not limited to any time requirement, of this License shallconstitute a material breach of this License.2.8.5 Construction and Amendment: This License shall be construed, interpreted,governed and enforced in all respects according to the laws of the State of California andas if drafted by both OCWD and Licensee. No amendment, change or modification ofthis document shall be valid unless in writing, stating that it amends, changes or modifiesthis License, and signed by all of the parties hereto.2.8.6 Successors: Subject to the provisions of Paragraph 2.6.3 above, this License, andall of the terms, conditions and provisions herein, shall inure to the benefit of, and bebinding upon, OCWD, Licensee, and their respective successors and assigns.2.8.7 Re-Entry: No entry or re-entry into the Premises by OCWD shall be construed asan election to terminate this License, unless prior thereto or concurrently therewithwritten notice of intent to terminate is given by OCWD to Licensee. OCWD's entry intopossession of the Premises without having elected to terminate shall not prevent OCWDfrom making such an election and giving Licensee notice thereof.2.8.8 Partial Invalidity: If any term, covenant, condition or provision of this License isheld by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, theremainder of the provisions hereof shall remain in full force and effect and shall in noway affect, impair, or invalidate any other term, covenant, condition or provisioncontained in this License.2.8.9 Further Assurances: Each of the parties hereto shall execute and deliver any andall additional papers, documents and other assurances and shall do any and all acts andthings reasonably necessary in connection with the performance of their obligationshereunder and to carry out the intent of the parties hereto.2.8.10 Precedence: In the event of any conflict between Parts of this License, Part Ishall prevail over Parts II, III and IV, and Part III shall prevail over Part II.[END GENERAL LICENSE PROVISIONS]-15-
PART IIISPECIAL LICENSE PROVISIONS3.1 The following provisions are added to Paragraph 2.3.1 (Conditions of Use) of thisLicense:2.3.1.5 Should any damage or injury to OCWD's property or facilities (“Facilities”)occur, either through the acts of agents, servants or employees of Licensee or by anyindependent contractor of Licensee in the exercise of the rights granted in this License,Licensee agrees to immediately, upon the written demand of OCWD, restore suchFacilities, at Licensee’s sole cost and expense, to the condition of same on the date of thedamage or injury.2.3.1.6 Licensee shall at all times control the dust created during Licensee’s constructionand maintenance activities on the Premises. Licensee shall control dust by watering thearea where dust is created or by other means as approved by OCWD’s General Manageror his designee. Licensee shall be responsible for the acquisition and transportation ofthe water needed for dust control, as well as any and all costs associated with such dustcontrol.2.3.1.7 Licensee shall at the completion of the Cable installation, restore the surface ofthe Premises to the state that existed prior to the commencement of work, reasonablewear and tear excepted.2.3.1.8 Entry Gate Access. Licensee shall provide OCWD’s Property Manager with alock and key for the Richfield Road entry gate (“Entry Gate”) by delivering said lock andkey to OCWD’s Property Manager, who will place the lock on the Entry Gate. Licenseeshall keep the Entry Gate locked at all times to prevent unauthorized persons enteringOCWD property. OCWD reserves the right to remove unidentified locks without notice.2.3.1.9 Licensee shall coordinate all activity on the Premises with OCWD’s Manager ofRecharge Operations or his designee (herein the “Manager”), who is located at theOCWD’s Anaheim Field Office, (714) 378-3214. Licensee shall contact the Manager atleast 10 days before commencing any work on the Premises and provide the start date ofany work contemplated under this License and shall not commence work until the workhas been approved by the Manager or his designee..3.2 Section 2.9, including Paragraphs 2.9.1 through 2.9.7, is added to this License as follows:2.9 Improvements:2.9.1 Prior Consent for Improvements: Licensee shall not make any alteration of orimprovement to the Premises without the prior written approval of OCWD’S GeneralManager or his designee.-16-
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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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RECORDED AT THE REQUEST OF,AND WHEN
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Amtliches Mitteilungsblatt der Univ
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EXHIBIT "C"PARKWAYPCL. F16801-101IN
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equired environmental compliance; w
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MEMORANDUM OF UNDERSTANDINGBy and B
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10. The parties hereto agree to neg
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Exhibit A
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On March12, 2013, Ray Currie, who p
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Location MapLICENSE AGREEMENTS WEST
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LICENSE AGREEMENT(RAYMOND CURRIE, J
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License Agreement Ray Currie (3-18-
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