AgdaPkt 2011-04-25 - Laserfiche WebLink

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6.1.D. - Page 10 maintenance, management, or operation. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. City acknowledges that DU intends to execute and record the "Agreement Protecting the Public Interest in Certain Improvements and Development (Public Resources Code §31116(c))" (31116(c) Agreement) (among DU, the California State Coastal Conservancy (Conservancy) and the United States Fish and Wildlife Service ( USFWS) wherein USFWS agrees to operate and maintain the Project. Upon ABAG's receipt of a copy of the recorded §31116(c) Agreement, DU's obligations under this Article XVI will be deemed fulfilled and this Agreement will terminate. 18. INSPECTION Throughout the term of this Agreement, City shall have the right to inspect the Project area to ascertain compliance with this Agreement. 19. ALTERATION OF AGREEMENT This Agreement, including all exhibits attached hereto, contains the entire understanding between the parties with respect to the subject matter hereof. No alteration or variation shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on the parties hereto. 20. NOTICES Any approval, disapproval, demand, document or other notice to be provided under this Agreement shall be given in writing and shall be sent: (a) for personal delivery by a delivery service that provides a record of the date of delivery, the individual to whom delivery was made, and the address where delivery was made; (b) by first -class certified United States mail, postage prepaid, return receipt requested; or (c) by a nationally recognized overnight courier service and marked for next business day delivery. All notices shall be addressed to the party to whom such notice is to be given at the property address stated herein or to such other address as a party may designate by written notice to the other. Any written notice, demand or communication shall be deemed received: (a) immediately if delivered by personal deliver as provided hereinabove; (b) on the third (3 d ) day from the date it is postmarked if delivered by first - class certified mail, postage prepaid, return receipt requested; and (c) on the next business day if sent via nationally recognized overnight courier and marked for next business day delivery. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party. ATTY /AGR /2011.009 /DUCKS UNLIMITED 032511 revised final version