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THIS SUBPERMIT, is effective on ____________________, 2009 by and between the County of San Mateo, (“County”), a political subdivision of the State of California, (hereinafter called the “SubPermittor”), whose address is County of San Mateo, County Manager's Office, Real Property Division, 455 County Center, 4th Floor, Redwood City, CA 94063-1663, and by the authority of 40 U.S.C. §585, the UNITED STATES OF AMERICA, acting by and through a duly authorized official of the Department of the Interior, National Park Service (“NPS”), Golden Gate National Recreation Area (“GGNRA”) (hereinafter called the “Government”):
RECITALS
This SubPermit is made with regard to the following facts:
A. SubPermittor is the Permittee under that certain Revocable Permit (the "Master Permit"), executed April 23, 1963, with the City and County of San Francisco, acting by and through its Public Utilities Commission (the "Master Permittor"), a copy of which Master Permit is attached to this SubPermit and marked as Exhibit C. Under said Master Permit, SubPermittor has rights to operate an antennae site of approximately 4,000 square feet located on North Peak at Montara Mountain, (the “Montara Site”) adjacent to Master Permittor's watershed property in San Mateo County. Negotiations are underway between SubPermittor and Master Permittor to replace the exiting Master Permit, which permit will reflect the current use of the site, but include more comprehensive terms and conditions.
B. SubPermittor has road access rights and electrical power supply for the operation of the Montara Site under that certain Right of Way and Power Services Lease (the “ROW and Power Lease”) dated August 14, 2001, as amended July 1, 2006, with ATC Holding, Inc (the “Access Lessee”). A copy of said ROW and Power Lease is attached to this SubPermit and marked as Exhibit C-1. SubPermittor has rights under the ROW and Power Lease through August 1, 2011, with the option to extend if certain conditions are met, for an additional five (5) year period.
C. SubPermittor maintains an existing radio communications facility and tower that is utilized by no less than five separate licensees and/or SubPermittors, (the “Existing Users”).
D. Government desires to construct and maintain at their cost and expense a new radio communication facility at the Montara Site, which construction will include the replacement of an existing SubPermittor-owned antenna tower with a new tower. Master Permittor's acknowledgment of said replacement is set forth in Exhibit D. All costs associated with the relocation of Existing Users from the current facility to the new tower will be borne by SubPermittor or Existing Users.
E. SubPermittor may acquire the new antenna tower from Government under certain terms and conditions at a depreciated and discounted value.
NOW, THEREFORE, in consideration of the mutual covenants contained in this SubPermit, and for valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows:
WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follows:
1. The SubPermittor hereby gives to the Government the right to use ground space and to occupy equipment shelter space as described in Exhibit B of this SubPermit at the Montara Site upon which the Government may install, operate, and maintain an antenna tower, antennas and related and ancillary emergency radio communications equipment (“NPS Radio Facility”) described in Exhibit A and Exhibit B of this SubPermit. The ground space area for the Government furnished tower and antenna shall be hereinafter referred to as the “SubPermitted Ground Space.” In addition, the Government will have the use of an area within the SubPermittor provided equipment shelter (hereinafter referred to as the “SubPermitted Shelter Space”) as shown in Exhibit B that will house the non-antenna components of the NPS Radio Facility. The SubPermitted Ground Space and the SubPermitted Shelter Space shall be hereinafter referred to, collectively, as the “Premises”.
2. TERM. The Government will have the right to use the Premises for a ten (10) year term beginning on ____________, 2009 (“Effective Date”) through _______________ 2019 (“Term”), subject to the terms and conditions of this SubPermit including Exhibits A, B, C, D, and E, which exhibits are attached hereto and made a part hereof, unless such right is sooner terminated as provided in the Master Permit. The Government will have the option to extend this SubPermit for an additional ten (10) year term beginning on _______________, 2019 through ______________ 2029 (“Extension Term”). The Term and Extension Term shall be subject to paragraph 10 below.
3. EFT. The Government will remit costs incurred under this SubPermit quarterly in arrears by electronic funds transfer (“EFT”) payable to: “County of San Mateo”, County of San Mateo, County Manager's Office, 455 County Center, Redwood City, CA 94063-1663 in conformance with GSAR 552.232-76 - Electronic Funds Transfer Payment and GSAR 552.232-75 - Prompt Payment and other applicable General Articles.
4. PAYOR/SUBPERMIT ADMINISTRATION. Payments will be remitted by the Department of the Interior, NPS OPAC Finance Center. For help or assistance with billing and payments please contact the Government Contracting Officer at (415) 561-4791. For all other matters concerning the administration of this SubPermit, please contact the Government Contracting Officer Representative (COR) at (415) 561-2802.
5. FEES.
a. There shall be no rental fee charged by SubPermittor for Government's use and occupancy of the Montara Site for the NPS Radio Facility, unless fees are charged by Master Permittor, in which case, Government shall be responsible for their prorate share of such fees. If Government, in their sole discretion, determines such fees are unreasonable, Government may terminate subject to the provisions in paragraph 6.
b. Government will remit payment for a pro-rata share of utility costs and Montara Site maintenance charges to the SubPermittor as more particularly set forth in Section 11 of this SubPermit.
6. MODIFICATION, SUBPERMITTOR EQUIPMENT AND TERMINATION
a. This SubPermit shall not be varied or modified in any way, except by an instrument in writing, executed by the parties hereto.
b. As a condition of granting this SubPermit, SubPermittor requires that the Government permit SubPermittor and SubPermittor's Existing Users and future licensees and/or SubPermittors to collocate equipment,(hereinafter collectively referred to as “Collocated Equipment”).
c. The NPS Radio Facility and any alterations, additions and improvements constructed or installed by the Government will remain the personal property of the Government (“NPS Personal Property”) with the exception of any SubPermittor's Equipment or Collocated Equipment that can be easily removed from the tower, which Collocated Equipment will remain the personal property of either the SubPermittor or the Collocator (“Collocated Personal Property”). Upon termination or expiration of this SubPermit, if the Government no longer desires to occupy the Premises, the Government may transfer the Government-owned antenna tower to the SubPermittor, upon the request of the SubPermittor and subject to applicable Government laws and regulations, with recognition given as allowed by such laws and regulations to the proportionate share of SubPermittor's contribution to the construction of such tower as depreciated over time. In the event Government is unable for any reason to transfer the tower to SubPermittor, Government, at its sole cost and expense, will relocate Exiting Users and licensees to a temporary location, and SubPermittor will cooperate with Government in any such relocation.
d. During the Term and any Extension Term, the SubPermittor and Collocators shall have the right, at their sole cost and expense, to maintain, operate, repair and replace with like kind equipment the Collocated Equipment subject to the following terms and conditions:
The provisions of this Section 6 will survive the expiration or earlier termination of the Master Permit or this SubPermit.
i. The SubPermittor is self-insured. SubPermittor contractors and other co-located parties and their contractors working on the Collocated Equipment are to provide the Government with certificates of insurance naming the “United States of America, the National Park Service, and its employees” as additional insured in advance of any work on the Collocated Equipment.
ii. The Sublessor and other co-located parties and their contractors are responsible for meeting all applicable Federal, State, and local safety and other codes, and for obtaining applicable Federal, State, and local permits, licenses, or other authorizations required for installation, maintenance, operation, repair and replacement-in-kind of the Collocated Equipment.
iii. During the Term and any Extension Term, SubPermittor agrees to use Collocated Equipment of the type and design that will not unreasonably interfere with Government or other licensees or SubPermittors of the Site. SubPermittor agrees to make no changes to Collocated Equipment, frequency or frequencies without the prior written approval of Government. SubPermittor agrees to maintain all the Collocated Equipment to operate within the manufacturer's and FCC specifications.
iv. If Collocated Equipment causes interference, SubPermittor shall take all reasonable steps necessary to correct or eliminate such interference. If such interference cannot be corrected within fourteen (14) days of SubPermittor being informed in writing by Government of such interference, Government may, in its sole discretion, require that SubPermittor cease operation of its equipment until such interference can be corrected or eliminated at which time SubPermittor may then resume operation of its equipment.
v. Sub-Permittor shall take all reasonable measures toensure that all future co licensees and/or SubPermittors utilizing the Government furnished antenna tower shall comply with Section 6.d of this SubPermit.
7. ANTI-DEFICIENCY ACT. Notwithstanding anything to the contrary herein, nothing in this SubPermit shall be construed as binding the Government to expend in any one fiscal year any sum in excess of appropriations made by Congress for the purposes of this SubPermit for that fiscal year or other obligation for the further expenditure of money in excess of such appropriation, and nothing in this SubPermit may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies.
8. TAX IDENTIFICATION. All SubPermits shall include the SubPermittor's nine-digit Federal Taxpayer Identification Number (TIN) or a Social Security Number (SSN).
Name of SubPermittor: San Mateo County
TIN: 94-60000532
9. ELECTRONIC FUNDS TRANSFER. The Government will make payments under this SubPermit by EFT. After execution of this SubPermit, but no later than thirty (30) days before the first payment, the SubPermittor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Government in accordance with Article 3 and this Article 9 of this SubPermit, GSAR 552.232-76 - Electronic Funds Transfer Payment and applicable General Clauses.
a. In the event the SubPermittor, during the performance of this SubPermit, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in Article 3 above, must be received by the appropriate Government official no later than thirty (30) days prior to the date such change is to become effective.
b. The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the SubPermittor or an authorized representative designated by the SubPermittor, as well as the SubPermittor's name and SubPermit number.
c. SubPermittor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.
10. MASTER PERMIT. The parties acknowledge that the SubPermittor's interest in and right to use and occupy the Premises is derived from and governed by the provisions of the Master Permit, which Master Permit is revocable. Government hereby acknowledges the revocability of the Master Permit and agrees and assumes any and all risks associated with the investment in the NPS Radio Facility. A copy of the Master Permit, subject to redaction of the financial terms set forth therein or as otherwise required by any confidentiality and non-disclosure provision contained therein, is attached as Exhibit C of this SubPermit.
a. Government recognizes that SubPermittor is not in a position to render any of the services or to perform any of the obligations required of Master Permittor by the terms of the Master Permit. Therefore, despite anything to the contrary in this SubPermit, Government agrees that performance by SubPermittor of its obligations under this SubPermit is conditioned on performance by the Master Permittor of its corresponding obligations under the Master Permit, and SubPermittor will not be liable to Government for any default of the Master Permittor under the Master Permit.
b. Government will not have any claim against SubPermittor based on the Master Permittor's failure or refusal to comply with any of the provisions of the Master Permit unless that failure or refusal is a result of SubPermittor's act or failure to act. Despite the Master Permittor's failure or refusal to comply with any of those provisions of the Master Permit, this SubPermit will remain in full force and effect and Government will pay the fees and additional rent and all other charges provided for in this SubPermit without any abatement, deduction or setoff. Except as expressly provided in this SubPermit, Government agrees to be subject to, and bound by, all of the covenants, agreements, terms, provisions, and conditions of the Master Permit, as though Government was the permittee under the Master Permit, with the exception of the terms identified in Article 13 of this SubPermit.
c. SubPermittor makes no representations or warranties with regard to consequential or incidental damages to Government (including without limitation, lost profits) that may arise from the Master Permittor's actions under the Master Permit, or the acts or omissions of the SubPermittor or its Agents.
11. ELECTRICAL POWER AND SITE MAINTENANCE. SubPermittor shall be responsible for providing electrical power to the Montara site and to Government's space within the Premises. Government will remit payment for its fair share of electricity used for the NPS Radio Facility on a quarterly basis in arrears. Fair share shall be determined by; 1) identifying the total number of equipment racks in use in the facility; 2) identifying the number of racks used by Government; 3) calculating the percentage of total racks used by the Government (number 2 divided by number 1), and 4) multiplying that percentage by the total electrical costs for the Building. Government will remit payment for its fair share of SubPermittor's Site maintenance fees in support of the NPS Radio Facility on a quarterly basis in arrears. The base quarterly cost for routine site maintenance fees shall be One Thousand Eight Hundred and Twenty One Dollars ($1,821.60) per year, plus any escalations and other related annual charges accruing therefrom. SubPermittor will submit supplemental maintenance projects and costs to the Government for review and concurrence prior to performance and billing of the work. Government will remit EFT payment of applicable utility and Site maintenance fees in accordance with Section 6 of this Permit. In the event of an electrical power outage or other changed conditions that disrupt or impair Government radio operations, the SubPermittor authorizes the Government and its employees, agents, and contractors to access the Premises and perform emergency repairs to restore NPS Radio Facility operations
12. INGRESS/EGRESS. Government acknowledges that SubPermittor has limited access to the Site in accordance with the terms of the ROW and Power Lease. SubPermittor hereby grants to the Government, its contractors, agents, and other duly assigned personnel, those rights of ingress and egress which SubPermittor has pursuant to the ROW and Power Lease (both vehicular and pedestrian), necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of NPS Radio Facility equipment.
13. CONDITIONS OF USE. The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, State, and local permits, licenses, or other authorization required for operation of its tower and equipment. Government agrees to use the Montara Site in accordance with the provisions of the Master Permit and the ROW and Power Lease, any new agreements replacing these agreements and any amendments thereto with the exception of provisions relating to hold harmless, indemnification, liability, insurance, taxes, assignment, , and dispute resolution. Where the terms and conditions of this Sublease are inconsistent with the terms and conditions of the Master Permit, the ROW, and Power Lease, the terms and conditions of this SubPermit will apply.
14. GOVERNMENT INSPECTION. The Government reserves the right, at any time after this SubPermit is signed and during the term of this SubPermit, to inspect the SubPermitted Premises for conformance with NPS safety standards and applicable regulations to which access is necessary to ensure a safe and healthy work environment for the Government and the SubPermittor's performance under this SubPermit. The Government will submit credentials and identification for all personnel authorized to access the Premises. Specifically excluded from this Article 14 are health and safety hazards from the uses and occupancy that are outside the Premises and do not affect the Premises.
15. INSTALLATION, MAINTENANCE AND OPERATION. The Government will have the right during the Term to install, maintain, operate, repair, and replace with like kind equipment the NPS Personal Property, including but not limited to the NPS Radio Facility, any other improvements to be constructed or equipment to be installed upon the Premises, and any equipment or infrastructure necessary for, or related or ancillary to, the operation, performance, and maintenance of the NPS Radio Facility provided the Government does not expand its use beyond that allowed by in Exhibit A and B of this SubPermit. The Government is responsible for all costs connected with the installation, maintenance, and operation of the NPS Radio Facility, except for those SubPermittor provided services and supporting infrastructure identified in Article 11 of this SubPermit. SubPermittor shall be solely responsible for all costs associated with the initial relocation of equipment utilized by Existing Users. Government shall be solely responsible for all costs associated with any subsequent relocation of equipment that is due to acts, installations or work performed by Government. The SubPermittor hereby grants to the Government the right to secure the NPS Radio Facility within the SubPermitted Shelter Space from third party access provided it is accomplished by locked cabinet and stays within the footprint of the SubPermitted Shelter Space as shown in Exhibit B.
16. IMPROVEMENTS AND ALTERATIONS. The Government will have the right during the Term to make improvements and alterations, erect structures, and attach fixtures and signs upon the Premises, subject to SubPermittor approval of plans in writing. The Government will have the right to tie into or make physical connection with structures or utilities located on the Premises as is reasonably necessary for utilization of the Premises and operation of the NPS Radio Facility.
17. FOLIAGE CLEARANCE/DEBRIS REMOVAL. The Government may periodically trim and remove foliage and debris from the Premises and from all other areas under the SubPermittor's control, in conformance with SubPermittor approved vegetation best management practices, to accomplish the purpose of ingress and egress to the Premises, and to ensure the operational performance of the NPS Radio Facility and the antenna tower.
18. PERFORMANCE FAILURE. Except for Article 19 of this SubPermit and for SubPermittor's compliance with the Master Permit , if SubPermittor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the SubPermit within thirty (30) days of the Government's written notice to SubPermittor, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract and the Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments.
19. DESTRUCTION OF SPACE. If the SubPermitted Ground Space and/or SubPermitted Shelter Space is partially or totally destroyed or damaged by fire or other casualty so that the SubPermitted Ground Space and/or SubPermitted Shelter Space is untenantable, as determined jointly by the Government and SubPermittor, the Government will provide the SubPermittor a reasonable period, subject to Excusable Delays to rebuild and restore the SubPermitted Shelter Space to a tenantable condition as determined by the Government. The Government may terminate this SubPermit upon fifteen (15) calendar days written notice to the SubPermittor if the new SubPermitted Shelter Space and SubPermittor provided services and utilities are not fully functional by the end of a one hundred and twenty (120) day period.
20. EMERGENCY BACKUP ON DESTRUCTION. If the SubPermitted area is partially or totally destroyed or damaged by fire or other casualty so that the SubPermitted Ground Space or SubPermitted Shelter Space is untenantable, as determined by the Government, the Government may provide temporary communications equipment on the Premises, to be sited in a location approved by SubPermittor within twenty four (24) hours of the destruction. Notwithstanding the foregoing, Government will at all times comply with the requirements of Article 22 of this SubPermit.
21. TENANTABLE CONDITION. The SubPermittor shall maintain the Premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the SubPermittor under this SubPermit, in good repair and tenantable condition. Upon written request of the Government, the SubPermittor shall provide readily available documentation that building systems have been maintained, tested, and are operational.
22. INTERFERENCE.
a. During the Term of this Agreement, Government agrees to use equipment of the type and design that will not cause interference to SubPermittor, Existing Users or other licensees or SubPermittees on the Site. Government agrees to make no changes to its equipment, frequency or frequencies without the prior written approval of SubPermittor. Government agrees to maintain all its equipment to operate within the manufacturer's and FCC specifications.
b. If Government's equipment causes interference, Government shall take all steps necessary to correct or eliminate such interference. If such interference cannot be corrected within seven (7) days of Government being informed in writing by SubPermittor and/or Site Manager of such interference, SubPermittor may, in its sole discretion, require that Government cease operation of its equipment until such interference can be corrected or eliminated at which time Government may then resume operation of its equipment.
c. SubPermittor shall require all current and future licensees and lessees on the Site to comply with the provisions of this Article 22.
23. WARRANTY AND REPAIR. SubPermittor makes no warranty, express or implied, as to the suitability of the SubPermitted Premises for the Government's intended use or purpose and expressly disclaims any such warranty. SubPermittor does not guarantee an uninterrupted continuous electrical power supply to the SubPermitted Premises.
24. LIABILITY.
a. The Government agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Torts Claims Act (28 USC 2671 et seq.) against the United States for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this SubPermit.
b. The Sub-Permittor agrees to accept responsibility for any property damage, injury, or death caused by the acts or omissions of its employees and agents acting within the scope of their employment, arising under this Sub-permit, to the fullest extent permitted by law.
25. GOVERNMENT INSURANCE. The Government is a self-insured entity.
26. CONTRACTOR LIABILITY AND INSURANCE. Government contractors at the Montara Site are to provide the SubPermittor with certificates of insurance naming SubPermittor as additional insured in advance of any work at the Montara Site.
27. TAXES AND ASSESSMENTS. The Government is not responsible or liable for any real property or personal property taxes, personal taxes, or assessments levied or assessed upon or against the Premises.
28. SUBLETTING AND ASSIGNMENT. The Government may not sublet or assign the Premises to a non-Government agency or agencies without the written consent of the SubPermittor.
29. CHANGE OF OWNERSHIP NOTIFICATION. The SubPermittor will notify the Government, as identified in Article 32, within thirty (30) days of any transfer of ownership of the described property; or change in payment mailing address.
30. SUBSTITUTION OF GOVERNMENT TENANT AGENCY: The Government may, at any time, substitute any Government agency or agencies for the Government agency if approved in writing by SubPermittor which approval shall not be unreasonably withheld.
31. SEVERABILITY. If any term or provision of this SubPermit is held invalid or unenforceable, the remainder of this SubPermit shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law.
32. POINTS OF CONTACT AND NOTICE. Each party to this SubPermit shall appoint a representative and ensure that the address and phone number of its respective representative is kept current. Either party may change their representative at any time, provided adequate written notice is given to the other party. Matters pertaining to administration of this SubPermit will be noticed to: General Superintendent, NPS, GGNRA Building 201, Fort Mason, San Francisco, CA 94129; Attn: Realty Specialist, Business Management Division. Fees and other financial matters pertaining to this SubPermit will be noticed to: Budget Division, NPS, GGNRA Building 201, Fort Mason, San Francisco, CA 94129; Attn: Budget Chief. SubPermittor administration will be provided by County of San Mateo, County Manager's Office, attention Real Property Division, 455 County Center, 4th Floor, Redwood City, CA 94063-1663 Attn: Real Property Manager, Phone number (650) [363-4047]. SubPermittor accounts receivable will be provided by County of San Mateo, Information Services Department, County Manager's Office, attention William Dunbar, 455 County Center, 3rd Floor, Redwood City, CA 94063-1663.
33. SUCCESSORS BOUND. The SubPermit shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors.
34. NO WAIVER. No failure by either party to insist upon the strict performance of any provision of this SubPermit or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision.
35. INTEGRATED AGREEMENT.
a. This SubPermit, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of this SubPermit.
b. If any term, provision, covenant or condition of this SubPermit is held to be invalid, void or unenforceable, the rest of this SubPermit shall remain in full force and effect to the greatest extent permitted by law and shall in no other way be affected, impaired or invalidated.
36. EFFECT OF ACCEPTANCE AND OCCUPANCY. Neither the Government's acceptance of the Premises for occupancy or the Government's occupancy thereof shall be construed as a waiver of any requirement of or right of the Government under this SubPermit, or as otherwise prejudicing the Government with respect to any such requirement or right.
37. COMPLIANCE WITH APPLICABLE LAW. The SubPermittor shall comply with all Federal, state and local laws applicable to the SubPermittor as owner or SubPermittor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at SubPermittor's expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this SubPermit provided that nothing in this SubPermit shall be construed as a waiver of any sovereign immunity of the Government. This SubPermit shall be governed by Federal law.
38. DEFINITIONS. The following terms and phrases (except as otherwise expressly provided or unless the context otherwise requires) for all purposes of this SubPermit, and for all provisions of this SubPermit, including those incorporated by reference, shall have the respective meanings hereinafter specified:
a. “Commencement Date” means the date on which the NPS Radio Facility begins construction activities at Montara Radio Site in support of Government law enforcement and maintenance operations following approval of the installation of the NPS Radio Facility by the SubPermittor.
b. “Contract” and “Contractor” means “SubPermit” and “SubPermittor,” respectively.
c. “Contracting Officer” or “Representative” means the Government representative or a Government officer or employee with the authority to enter into, administer, and/or terminate leases and/or contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.
e. “Effective Date” means the first day of this SubPermit Term that is identified in Article 2 of this SubPermit.
f. “Excusable Delays” mean delays arising without the fault or negligence of SubPermittor and SubPermittor's subcontractors and suppliers at any tier, and shall include, without limitation, (1) acts of God or of the public enemy, (2) acts of the United States of America and County of San Mateo in either their sovereign or contractual capacity, (3) acts of another contractor in the performance of a contract with the Government, (4) fires, (5) floods, (6) epidemics, (7) quarantine restrictions, (8) strikes, (9) freight embargoes, (10) unusually severe weather, or (11) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the SubPermittor and any such subcontractor or supplier.
g. “Substantially complete” and “substantial completion” means that the Work, the common and other areas of the building, and all other things necessary for the Government's access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this SubPermit, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment.
h. “Work” means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this SubPermit.
i. “Mailing” refers to Certified Mail with a return receipt and the date of acceptance being the start date.
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