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ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (OC-87)
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ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (OC-87)
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11/4/2024 5:17:01 PM
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10/14/2015 2:53:25 PM
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Contracts
Company Name
ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (OC-87)
Contract #
N-1997-038
Agency
PUBLIC WORKS
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FILE: OC -87 <br />19. Underaround Storaae Tanks. NEITHER LICENSEE NOR LICENSEE'S PARTIES <br />SHALL INSTALL OR USE ANY UNDERGROUND STORAGE TANKS ON THE <br />LICENSE PROPERTY. <br />20. Subordinate Rights. This Agreement is subject and subordinate to the prior and <br />continuing right and/or obligation of OCTA, its successors and assigns, to use the OCTA <br />Property in the exercise of its powers and in the performance of its duties, or for any other <br />purpose including but not limited to those as a public transportation body. Accordingly, <br />there is reserved and retained unto OCTA, its successors, assigns and permittees, the <br />right to construct, reconstruct, maintain and use existing and future rail tracks, facilities <br />and appurtenances and existing and future transportation, communication, pipeline and <br />other facilities and appurtenances in, upon, over, under, across and along the OCTA <br />Property, and to otherwise use the OCTA Property, and in connection therewith the right <br />of OCTA, its successors and assigns, to grant and convey to others, rights to and <br />interests in the OCTA Property on the License Property and in the vicinity of the Facility. <br />This Agreement is subject to all licenses, leases, easements, restrictions, conditions, <br />covenants, encumbrances, liens, claims and other matters of title ("title exceptions") <br />which may affect the OCTA Property now or hereafter, and no provision of this <br />Agreement shall be construed as a covenant or warranty against the existence of any <br />such present or future title exceptions, whether or not arising out of the actions of OCTA, <br />its successors or assigns. OCTA makes no representations or warranties of any kind with <br />regard to title to the License Property, <br />21. CoMI2 lance with Laws. Licensee shall comply with all applicable federal, state and <br />local laws, regulations, rules and orders in its work on, or maintenance, inspection, testing <br />or use of, the Facility and the OCTA Property. OCTA may enter the License Property to <br />inspect the Facility at any time, upon provision of reasonable notice of inspection to <br />Licensee. Licensee shall obtain all required permits or licenses required by any <br />governmental authority for its use of the License Property and the Facility, at its sole cost <br />and expense. <br />22. Condemnation. In the event all or any portion of the License Property shall be <br />taken or condemned for public use (including conveyance by deed in lieu of or in <br />settlement of condemnation proceedings), Licensee shall receive compensation (if any) <br />from the Condemnor only for the taking and damage to the Facility. Any other <br />compensation or damages arising out of such taking or condemnation awarded to <br />Licensee are hereby assigned by Licensee to OCTA. <br />23. Maters. Project markers in form and size satisfactory to OCTA, identifying the <br />Facility and its owners, will be installed and constantly maintained by and at the expense <br />of Licensee at such locations as OCTA shall designate. Such markers shall be relocated <br />or removed upon request of OCTA without expense to OCTA. Absence of markers in or <br />Page 12 of 15 <br />
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