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Agenda 12-04-23; 8-e - Orange County Waterstone EMS Station Memorandum of Understanding
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Agenda 12-04-23; 8-e - Orange County Waterstone EMS Station Memorandum of Understanding
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11/30/2023 11:11:51 AM
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BOCC
Date
12/4/2023
Meeting Type
Business
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Agenda
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8-e
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5 <br /> shall be responsible for '/Z of the costs associated with the same. Upon <br /> submission of an invoice showing the total spent by ORFD or any amounts <br /> incurred for maintenance of the entire bay area under this section, ORFD, <br /> shall submit to County, a check for reimbursement for the same within 30 <br /> days after presentation. <br /> 10.) The parties shall be responsible for any work to be performed and any <br /> costs associated with the same, in its respective areas in those sections <br /> described in Paragraphs 1 and 2. <br /> 11.) With regard to casualty insurance, and material damage or destruction of <br /> the building: <br /> a. Both parties are insured owners pursuant to a single policy, and agree <br /> to maintain casualty insurance for the replacement cost of the structure <br /> and liability insurance for $1 M/$2M. <br /> b. Cost of insurance born by owners based on their respective ownership <br /> share, with each parry to pay the insurer directly. <br /> c. In the event of damage or loss <br /> i. the party whose side of the building is damaged is responsible <br /> for the uninsured costs (deductible, and any overage); and <br /> ii. each party is responsible for restoration <br /> d. In the event of a catastrophic or total loss, the parties to mutually agree <br /> to either: (i)rebuild, sharing the uninsured costs based on ownership <br /> shares, or(ii) distribute the insurance proceed and sell the land based <br /> on respective ownership interests. <br /> 12.) The terms of this MOU shall begin on the date of execution, and expire <br /> upon establishment of the tenancy in common agreement relative to this <br /> project. <br /> 13.) Neither ORFD nor County shall be liable to the other for any property <br /> damage sustained by the other, personal injury to the other or to its officers, <br /> agents and employees, irrespective of how such injury or damage may be <br /> caused, whether from action of the elements or acts of negligence of the <br /> occupants of adjacent properties, or any other persons; provided that nothing <br /> contained herein shall relieve either ORFD or the County of the consequences <br /> of its own negligence to the extent provided by law. <br /> 14.) Employees of both the County and ORFD acknowledge that they shall not <br /> be agents employees of the other entity when responding to an incident <br /> pursuant to this Memorandum of Understanding. <br /> 15.) ORFD and the County shall be responsible for payment of workers' <br /> compensation benefits only to their own respective employees. <br /> 16.) The Parties shall at all times remain in compliance with all applicable <br /> local, state, and federal laws, rules, and regulations including but not limited <br /> to all state and federal non-discriminations laws,policies, rules. <br /> 17.) Modification of this MOU must be in writing and approved by both <br /> parties. <br /> 18.) This MOU and any exhibits and amendments attached hereto and any <br /> documents incorporated specifically by reference represent the entire <br />
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