2.5.2 Indemnification: Irrespective of any insurance carried by Licensee for the benefitof OCWD, and notwithstanding any other provision of this License to the contrary,Licensee shall indemnify and hold OCWD, its officers, directors, employees,representatives and volunteers harmless from and against any and all actions, claims,demands, judgments, attorneys fees, costs, damages to persons or property, penalties,obligations, expenses or liabilities of any kind that may be asserted or claimed by anyperson or entity (including, but not limited to, any employee, agent or contractor ofLicensee) in any way arising out of or in connection with this License, the operationscarried on by Licensee on the Premises or any lands to which Licensee has accesshereunder, or the occupation or use of the Premises by Licensee or any person or entityholding under Licensee (collectively, “Claims”), whether or not there is concurrent activeor passive negligence on the part of OCWD, and/or acts for which the OCWD would beheld strictly liable, but excluding the sole active negligence and willful misconduct ofOCWD. In connection therewith:2.5.2.1 Licensee shall defend and hold OCWD, its officers, employees, agents,representatives and volunteers, harmless from any and all Claims, whether causedin whole or in part by OCWD’s active or passive negligence, and/or acts forwhich OCWD would be held strictly liable, but excluding any Claim that resultsfrom the sole active negligence or willful misconduct of OCWD, its officers,employees, agents, or representatives; and Licensee shall pay all expenses andcosts, including attorneys’ fees, incurred in connection therewith.2.5.2.2 Licensee shall promptly pay any judgment rendered against Licensee orOCWD covering any Claim, and hold and save OCWD harmless therefrom,whether such Claim was caused in whole or in part by OCWD’s active or passivenegligence, and/or acts for which OCWD would be held strictly liable, butexcluding the sole active negligence and willful misconduct of OCWD.2.5.2.3 In the event OCWD is made a party to any action or proceeding filed orprosecuted for or arising out of or in connection with any Claim, Licensee shallpay to OCWD any and all costs and expenses incurred by OCWD in any suchaction or proceeding, together with reasonable attorneys’ fees.2.5.2.4 All of the indemnity obligations of Licensee under this Paragraph 2.5.2,or as otherwise set forth in this License, shall survive the expiration or earliertermination of this License.-9-
2.6 Legal Relations and Responsibilities2.6.1 Nature of Relationship: OCWD and Licensee understand and agree that the onlyrelationship between them created by this License is that of Licensor and Licensee, andthat this License does not create, and shall not be construed to create, any agency,partnership, joint venture, landlord-tenant or other relationship between OCWD andLicensee.2.6.2 Compliance with Laws: Licensee shall keep itself fully informed of all existingand future state and federal laws and all county and city ordinances and regulations whichin any manner affect the activities of Licensee under this License, or the possession oruse of the Premises by Licensee, and of all such orders and decrees of bodies or tribunalshaving any jurisdiction or authority over the same. Licensee shall at all times observeand comply with all such existing and future laws, ordinances, regulations, orders anddecrees, and shall protect and indemnify, as required herein, OCWD, its officers,directors, employees and agents against any claim or liability arising from or based on theviolation of any such law, ordinance, regulation, order or decree, whether by Licensee orany person or entity holding under Licensee.2.6.3 Assignment: The License granted hereby is personal to Licensee and anyassignment of said License by Licensee, voluntarily or by operation of law, shallautomatically terminate this License, unless Licensee has obtained the prior writtenconsent of OCWD, which may be withheld, in its sole and absolute discretion, for anyreason or no reason at all.2.6.4 Acknowledgment of OCWD's Title: Licensee hereby acknowledges the title ofOCWD in and to the Premises, including the real property fixtures and improvementsexisting or erected thereon, and Licensee hereby covenants and promises never to assail,contest or resist OCWD's title to the Premises.2.6.5 Liens: Licensee shall maintain the Premises free from and clear of any claims,obligations, liabilities, liens, encumbrances and charges, including but not limited to anyclaims, liens or charges arising out of or in connection with the furnishing of materials orthe performance of labor on the Premises. Licensee further shall protect and indemnifyOCWD and the Premises from and hold them, and each of them, harmless against anyand all such claims, obligations, liabilities, liens, encumbrances and charges.2.6.6 Possessory Interest Taxation: A possessory interest subject to property taxationmay be created by this License. It is understood and agreed that if such a possessoryinterest is created, Licensee shall be responsible for the payment of all property taxeslevied on such interest, and that OCWD shall have no responsibility therefor.-10-
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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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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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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