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Agmt16 City of Menlo Park (2)
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Agmt16 City of Menlo Park (2)
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Last modified
10/20/2016 8:34:49 AM
Creation date
10/20/2016 8:31:42 AM
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Template:
Agreement
Contractor Name
City of Menlo Park
PROJECT NAME
Atherton Channel Maintenance
RMP File Number
304.5
Date
10/17/2016
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sn 9L-OZ-60 :A3 <br /> Notification #1600-2013-0356-R3 <br /> Streambed Alteration Agreement <br /> Page 18 of 23 <br /> OTHER LEGAL OBLIGATIONS <br /> This Agreement does not relieve Permittee or any person acting on behalf of Permittee, <br /> including its officers, employees, representatives, agents, or contractors and <br /> subcontractors, from obtaining any other permits or authorizations that might be <br /> required under other federal, state, or local laws or regulations before beginning the <br /> project or an activity related to it, <br /> This Agreement does not relieve Permittee or any person acting on behalf of Permittee, <br /> including its officers, employees, representatives, agents, or contractors and <br /> subcontractors, from complying with other applicable statutes in the FCC including, but <br /> not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 <br /> (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse <br /> disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 <br /> (obstruction of stream). <br /> Nothing in the Agreement authorizes Permittee or any person acting on behalf of <br /> Permittee, including its officers, employees, representatives, agents, or contractors and <br /> subcontractors, to trespass. <br /> AMENDMENT <br /> CDFW may amend the Agreement at any time during its term if CDFW determines the <br /> amendment is necessary to protect an existing fish or wildlife resource. <br /> Permittee may amend the Agreement at any time during its term, provided the <br /> amendment is mutually agreed to in writing by CDFW and Permittee. To request an <br /> amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend <br /> Lake or Streambed Alteration" form and include with the completed form payment of the <br /> corresponding amendment fee identified in CDFW's current fee schedule (see Cal. <br /> Code Regs., tit. 14, § 699.5). <br /> TRANSFER AND ASSIGNMENT <br /> This Agreement may not be transferred or assigned to another entity, and any purported <br /> transfer or assignment of the Agreement to another entity shall not be valid or effective, <br /> unless the transfer or assignment is requested by Permittee in writing, as specified <br /> below, and thereafter CDFW approves the transfer or assignment in writing. <br /> The transfer or assignment of the Agreement to another entity shall constitute a minor <br /> amendment, and therefore to request a transfer or assignment, Permittee shall submit <br /> to CDFW a completed CDFW Request to Amend Lake or Streambed Alteration" form <br /> and include with the completed form payment of the minor amendment fee identified in <br /> CDFW's current fee schedule (see Cal. Code Regs,, fit. 14, § 699,5). <br /> ATTY/AGR/2016.286/CITY OF MENLO PARK — ATHERTON CHANNEL MAINTENANCE <br />
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