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Dec 19 2008 9: 46AM.--1 Geiffi, Coon, d Keen LLP -12091949451 P . e <br /> EXHIBIT C <br /> CONDITIONS PRECEDENT <br /> 1. Iemoorary Nature of Encroachment. <br /> City agrees and represents that its encroachment and use is temporary. <br /> 2. Map of Boring Location and Encroachment . <br /> At the time of execution of this Agreement City shall provide a detailed written <br /> description and location of the planned boring and encroachment. City shall <br /> extend boring depth to at least 80 feet. <br /> 3. Encrogehment Fee. <br /> City shall pay an "encroachment fee" of$100.00 and an advance deposit of <br /> $350.00. <br /> 4. Document Preparation Costs. <br /> Within 30 (thirty) days of presentation of an invoice or bill City shall reimburse <br /> District for all costs and expenses in the creation and negotiation of this <br /> Agreement which exceeds the estimated deposit sum of Three Hundred Fifty <br /> Dollars($350.00). <br /> 5. Enalneerina Costs, <br /> Within 30 (thirty) days of presentation of an Invoice or bill by District's <br /> selected engineer City shall reimburse District for its payment for the <br /> engineer's review and approval of all plans as well as the engineer's post <br /> construction review for compliance. <br /> 6. Future Cooperation. <br /> Each party to this Agreement shall cooperate fully in the execution of any and <br /> all other documents and in the completion of any additional actions that may <br /> be necessary or appropriate to give full force and effect to the terms and <br /> intent of this Agreement. <br /> 7. Tests and Reports. <br /> City shall, within thirty(30) days of completion of the boring and backfill, <br /> provide to the Secretary of the District copies of all boring test results and <br /> spill documentation, together with proof of authorization and compliance with <br /> the California Department's Fish and Game and Water Resources. <br /> 7 <br />