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Dec 12 2008 3 : 22RM Gei�, Coon, & Keen LLP [203 to-3451 p. 8 <br /> EXHIBIT C <br /> CONDITIONS PRECEDENT <br /> 1. Temporary Nature of Encroachment. <br /> City agrees and represents that its encroachment and use is temporary, <br /> 2. Mao of Soring 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. Encroachment 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 thls <br /> Agreement which exceeds the estimated deposit sum of Three Hundred Fifty <br /> Dollars ($350.00). <br /> 5. En Ig neerina Costs. <br /> Within 30 (thirty) days of presentation of an invoice or bill by District's selected <br /> engineer City shall reimburse District for its payment for the engineer's review <br /> and approval of all plans as well as the engineer's post construction review for <br /> 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 be <br /> necessary or appropriate to give full force and effect to the terms and intent of <br /> this Agreement. <br /> 7. Tests and Reports. <br /> City shall,within thirty(30)days of completion of the boring and backfill, provide <br /> to the Secretary of the District copies of all boring test results and spill <br /> documentation, together with proof of authorizatlon and compliance with the <br /> California Department's Fish and Game and Water Resources. <br /> 7 <br />