USE OF WASTEWATER TREATMENT PLANT SITE PROPERTY Sample Clauses

USE OF WASTEWATER TREATMENT PLANT SITE PROPERTY. For purposes of this Agreement, the “wastewater treatment plant site” includes the real property described in Exhibits “B,” “C,” and “D,” as well as the easement reserved from and granted over the property described in Exhibit “E.” (Parcels 1, 2, 4, 5A, 5C, and the easement of Parcel 3, as shown on Exhibit “A.”) It is agreed that the wastewater treatment plant site will be used exclusively for operation of the wastewater treatment plant and neither CAYUCOS nor MORRO BAY shall make any other use of said property, or any portion thereof, or authorize the use thereof by any third party, without the prior written Agreement of MORRO BAY and CAYUCOS. In the event that such a written agreement is entered into, it will provide that the party utilizing any portion of the wastewater treatment plant site (including improvements) for any non-plant related purposes shall pay the non-using party to this Agreement the non-using party’s pro-rata share (40% or 60%) of the fair market rental value for such use. Likewise, any lease or other authorization to use any portion of the wastewater treatment plant site (including improvements), or any amendments to existing use permits or leases, granted to any third party shall be in writing executed and approved by both CAYUCOS and MORRO BAY and shall require the payment of the fair market rental value of the property utilized. Rental value shall be allocated on the basis of 40% to CAYUCOS and 60% to MORRO BAY. It is recognized that there currently exist leases of portions of the wastewater treatment plant site known as the “Morro Dunes lease site” (MORRO BAY Use Permits Nos. 115 and 120 and that portion of lease site No. 201 located within the wastewater treatment plant site), and that such uses are terminable on less than thirty (30) days notice. CAYUCOS shall receive a 40% pro-rata share of said lease payments. Likewise, it is recognized that there exists a long term lease of the “Morro Bay materials lease site” (Parcel 4 on Exhibit “A”) and that MORRO BAY shall receive a 60% share of lease payments and CAYUCOS shall receive a 40% share of lease payments. Should any of the lease or use permit properties be necessary for wastewater treatment plant or related purposes in the future, MORRO BAY and CAYUCOS shall terminate such uses consistent with the terms of the permits or leases. MORRO BAY covenants and warrants that there are no other leases, use permits or any other non-treatment plant uses on the wastewater treatment plant si...
AutoNDA by SimpleDocs

Related to USE OF WASTEWATER TREATMENT PLANT SITE PROPERTY

  • Project Site The “Project Site” is the place where the Work is being carried on.

  • Access to Project Site Redeveloper shall permit the representatives of the City to enter Project Site at any and all reasonable times, as the City may deem necessary for the purposes of this Redevelopment Agreement, including but not limited to work and inspection of all work being performed in connection with the construction of the Redeveloper Improvements. Similarly, the City shall permit Redeveloper such entry upon the public rights of way for such purposes. No compensation shall be payable nor shall any charges be made in any form by any party for the access or inspection provided for in this Section. The City’s right of access granted under this Section shall terminate upon issuance by the City of the Redeveloper’s Certificate of Completion of Redeveloper Improvements. Notwithstanding the above, Redeveloper shall not be relieved of the provisions contained in Chapter 14.29 of the Lincoln Municipal Code regarding the use of streets for private construction purposes.

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including without limitation those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

  • Wastewater i.e. wastewater and storm water collection, treatment and management systems.

  • The Site The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-A in respect of which the Right of Way shall be provided by the Authority to the Contractor. The Authority shall be responsible for:

  • Generating Facility The Interconnection Customer’s device for the production of electricity identified in the Interconnection Request, but shall not include the Interconnection Customer’s Interconnection Facilities.

  • Off-Site Environmental Impacts Nothing in this Article will be construed to make Company liable in any way for any environmental impacts or release of Hazardous Substances affecting the Company Premises that occurs by reason of the migration or flow to the Company Premises from verifiable or documented off-site environmental impacts that is not attributable to Company’s activities at the Company Premises.

  • Operating Environment Subscriber is solely responsible for acquiring, installing, operating and maintaining the hardware, software and Internet Browser environment necessary to access the Site and use the Services. Information on operating environment requirements can be located on the Site.

  • PUBLIC WORKS AND BUILDING SERVICES CONTRACTS Work being done under a resulting Authorized User Agreement may be subject to the prevailing wage rate provisions of the New York State Labor Law. Such work will be identified by the Authorized User within the RFQ. See “Prevailing Wage Rates – Public Works and Building Services Contracts’ in Appendix B, Clause 10, OGS General Specifications. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" may be grounds for a determination of vendor non-responsibility and rejection of proposal. The Prevailing Wage Case Number for this Contract is PRC# 2014011745. The Prevailing Wage Rates for various occupations and General Provisions of Laws Covering Workers on Article 8 Public Work Contract can be accessed at the following NYS Department of Labor website: xxxxx://xxxxxxxxxxxx.xxxxx.xx.xxx/wpp/xxxxXxxxXxxxxxx.xx?method=showIt  Insert PRC# 2014011745 in the box provided and click Submit.  Click Wage Schedule located underneath the main header of this page. The PDF file may be searched to obtain the Prevailing Wage Rate for a specific occupation. SHORT TERM EXTENSION In the event a replacement Contract has not been issued, any Contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to 3 months upon notice to the Contractor with the same terms and conditions as the original Contract including, but not limited to, prices and delivery requirements. With the concurrence of the Contractor, the extension may be for a period of up to 6 months in lieu of 3 months. However, this extension terminates should the replacement Contract be issued in the interim. PROCUREMENT INSTRUCTIONS Authorized Users should refer to the documents attached as Appendix G – Processes and Forms Templates for specific instructions on the usage of this Contract. OGS reserves the right to unilaterally make revisions, changes, additions and/or updates to the documents attached as Appendix G - Processes and Forms Templates without processing a formal amendment and/or modification. SPECIFICATIONS During the term of the Contract, the Authorized User may request Product specifications for particular items that have been included by the Contractor in its Pricing Pages. These specifications will be provided by the Contractor at no cost.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!