AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING ...

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G. Integration: This Agreement represents the entire understanding of OCWDand Contractor as to those matters contained herein. No prior oral or writtenunderstanding shall be of any force or effect with regard to those matters covered by thisAgreement. This Agreement supersedes and cancels any and all previous negotiations,arrangements, agreements or understandings, if any, between the parties, and none shallbe used to interpret this Agreement.IN WITNESS WHEREOF, the parties have executed and entered into thisAgreement as of the date first set forth above.ORANGE COUNTY WATER DISTRICT ***By:Michael R. Markus, P.E.General ManagerBy:Title:By:Dated:Kathryn L. Barr, Board PresidentBy:Title:APPROVED AS TO FORM:Contractor Information:RUTAN & TUCKER, LLPBy:Joel D. Kuperberg, General CounselAddress for Notices and Payments:Attention:Telephone:Facsimile No.:OCWD AGREEMENT NO. *** ***-2
PART II GENERALPROVISIONSSECTION ONE:SERVICES OF Contractor1.1 Scope of Services. In compliance with all terms and conditions of thisAgreement, Contractor shall provide the goods and/or services shown on Part IV hereto(“Scope of Services”), which may be referred to herein as the “services” or the “work.” Ifthis Agreement is for the provision of goods, supplies, equipment or personal property,the terms “services” and “work” shall include the provision (and, if designated in theScope of Services, the installation) of such goods, supplies, equipment or personalproperty.1.2 Changes and Additions to Scope of Services. OCWD shall have the rightat any time during the performance of the services, without invalidating this Agreement,to order extra work beyond that specified in the Scope of Services or make changes byaltering, adding to, or deducting from said work. No such work shall be undertakenunless a written order is first given by OCWD to Contractor, incorporating therein anyadjustment in (i) the Budget, and/or (ii) the time to perform this Agreement, whichadjustments are subject to the written approval of the Contractor. It is expresslyunderstood by Contractor that the provisions of this Section 1.2 shall not apply toservices specifically set forth in the Scope of Services or reasonably contemplatedtherein. Contractor hereby acknowledges that it accepts the risk that the services to beprovided pursuant to the Scope of Services may be more costly or time consuming thanContractor anticipates and that Contractor shall not be entitled to additionalcompensation therefor.1.3 Standard of Performance. Contractor agrees that all services shall beperformed in a competent, professional, and satisfactory manner in accordance with thestandards prevalent in the industry, and that all goods, materials, equipment or personalproperty included within the services herein shall be of good quality, fit for the purposeintended.1.4 Performance to Satisfaction of OCWD. Contractor agrees to perform allwork to the satisfaction of OCWD within the time specified. If OCWD reasonablydetermines that the work is not satisfactory, OCWD shall have the right to takeappropriate action, including but not limited to: (i) meeting with Contractor to review thequality of the work and resolve matters of concern; (ii) requiring Contractor to repeatunsatisfactory work at no additional charge until it is satisfactory; (iii) suspending thedelivery of work to Contractor for an indefinite time; (iv) withholding payment; and(v) terminating this Agreement as hereinafter set forth.1.5 Instructions from OCWD. In the performance of this Agreement,Contractor shall report to and receive instructions from OCWD’s representativeidentified in Part I, or his or her designee. Tasks or services other than those specificallydescribed in the Scope of Services shall not be performed without the prior writtenapproval of the OCWD.OCWD AGREEMENT NO. *** ***-3
Page 1 and 2: AGENDAPROPERTY MANAGEMENT COMMITTEE
Page 3 and 4: 10. ADDITIONAL DEPOSIT OF FUNDS FOR
Page 6 and 7: MINUTES OF THEPROPERTY MANAGEMENT C
Page 9 and 10: AGENDA ITEM SUBMITTALMeeting Date:
Page 11 and 12: Improvements; and Approving and Aut
Page 13 and 14: CONSENT TO SUBLEASETHIS CONSENT TO
Page 15 and 16: IN WITNESS WHEREOF, the parties her
Page 17 and 18: SUBLEASE:This Sublease ("Sublease")
Page 19 and 20: A. Buckets of Range Balls. Range Ba
Page 21 and 22: B. Commercial General Liability [ns
Page 23 and 24: 14. NgJjces. All notices, requests,
Page 25 and 26: EXHIBIT "B"MAP OF SUBLEASED PREMISE
Page 27 and 28: ·'~FU)ATJHG POCK ------~(~ EXTEJ;S
Page 29: EXHIBIT"C"IMPROVEMENTSExhibit to be
Page 32 and 33: PRIOR BOARD ACTION(S)9/5/12, R12-9-
Page 34: License #361248March 13, 2013Mr. Do
Page 37 and 38: Committee directed staff to begin t
Page 39 and 40: 1 INTRODUCTIONOrange County Water D
Page 41 and 42: 8 PRE-SUBMITTAL ACTIVITIES7.1 Quest
Page 43 and 44: maintain policies similar to those
Page 45 and 46: 2.2 Develop recommendations for lea
Page 47: AGREEMENT NO. ***withfor***This Agr
Page 52 and 53: Contractor’s insurance and shall
Page 54 and 55: indemnify, defend, and hold harmles
Page 56 and 57: 3.11 Waiver. No delay or omission i
Page 58 and 59: To OCWD:Orange County Water Distric
Page 60 and 61: PART IVSCOPE OF SERVICESA. Services
Page 62 and 63: EXHIBIT COCWD PROPOSAL EVALUATION F
Page 65 and 66: AGENDA ITEM SUBMITTALMeeting Date:
Page 67 and 68: Location Map
Page 69 and 70: RECORDED AT THE REQUEST OF,AND WHEN
Page 71: Amtliches Mitteilungsblatt der Univ
Page 74: EXHIBIT "C"PARKWAYPCL. F16801-101IN
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
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2.5.2 Indemnification: Irrespective
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2.6.7 OCWD’s Reservations2.6.7.1
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assumes all responsibility for the
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2.8.3 Headings: The titles and head
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BY PLACING ITS INITIALS HERE, LICEN
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P ART IV[Map of the Premises]-19-
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of the City of Anaheim’s water pi
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PRIOR BOARD ACTION(S)10/3/12, Motio
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Location MapLane Extension and Util
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LOCATION MAPIMPERIAL HIGHWAY PROPER
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STATE OF CALIFORNIA-DEPARTMENT OF T
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RIGHT OF WAY CONTRACT - STATE HIGHW
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Terms.Original termTerms10 years.Op
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LICENSE AGREEMENT(FREEDOM TELECOMMU
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APPROVED AS TO FORM:RUTAN & TUCKER,
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2.2.3 Acceptance by OCWD of any del
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equivalent endorsement provided to
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2.5.2 Indemnification: Irrespective
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2.6.7 OCWD’s Reservations2.6.7.1
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assumes all responsibility for the
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2.8.3 Headings: The titles and head
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2.9.1.1 In the event that Licensee
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Premises, and from the cost of defe
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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
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