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Home My WebLink About2748 LOKER AVE W; ; CB032034; PermitCity of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 09-11-2003 Retaining Wall Permit Permit No: CB032034 Building Inspection Request Line (760) 602-2725 Job Address: Permit Type: 2748 LOKER AV WEST CBAD RETAIN Parcel No: Lot#: 7 Valuation: $22,381.00 Construction Type: NEW Reference #: Project Title: CARLSBAD OAKS LOT 7 1421 SF RETAINING WALL PER S.D.R.S. 222 Applicant: VERTICAL MASONRY INC. PO BOX 231483 92023 438-1468 Building Permit Add'I Building Permit Fee Plan Check Add'I Plan Check Fee Strong Motion Fee Renewal Fee Add'I Renewal Fee Other Building Fee Additional Fees TOTAL PERMIT FEES Total Fees: $331.89 Owner: Total Payments To Date: $25.00 Inspector: FINAL A~OV)\L Date: ~ 7, '11¥ Status: Applied: Entered By: Plan Approved: Issued: ISSUED 07/23/2003 SB 09/11/2003 09/11/2003 Plan Check#: Inspect Area: $199.79 $0.00 $129.86 $0.00 $2.24 $0.00 $0.00 $0.00 $0.00 $331.89 Balance Due: $306.89 3984 09/11/03 0002 01 02 CGI---::" 306-89 Clearance: NOTICE: Please take NOTICE that approval of your project includes the "Imposition· of fees, dedications, reservations, or other exactions hereafter collectively referred to as "fees/exactions." You have 90 days from the date this permit was issued to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedures set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. . You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity changes, nor planning, zoning, grading or other similar application processing or service fees in connection with this project. NOR DOES IT APPLY to any fees/exactions of which vou have areviouslv been aiven a NOTICE similar to this or as to which the statute of limitations has nreviouslv otherwise exnired. . ' FOR OFFICE USE ONLY PERMIT APPLICATION PLAN CHECK NO.C.~ 2e3t/: CITY OF CARLSBAD BUILDING DEPARTMENT 1635 Faraday Ave., Carlsbad, CA 92008 EST. VAL. _za,.__z-4,~.3_$_1-=--"" __ 1_ t:.-5-Plan Ck. Depostit Validated pv__,,,.,...._:e,__ _____ _ Date 7/Z) ~ Business Name (at this address) Legal Description Subdivision Name/Number Unit No. Phase No. Total # of units Assessor's Parcel # Existing Use 02 #of St{lies ~""-- # of Bathrooms ¥ l i' _N,~ Name Address State/Zip Telephone# Fax# ?=t?fg~~!ccr:~~~9~9r ]B~~~~9,z:~\~i~O\Yner Name Address City ' State/Zip Telephone # :4_/'" PR0°ERTY•OWNER·J ·. · . . "fiNroO I . u;c. .. Name ,, "'( (Sec. 7031.5 Business and Professions Code: Any City or County which requires a permit to construct, alter, improve, demolish or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contract9r' s License Law [Chapter 9, commending with Section 7000 of Division 3 of the Business and Professions Code) or that he is exempt therefrom, and the basis for the alleged ex~ption. Any viola ·on of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars [$5001). vtZ:'¢-rlv,i.,t.,,, V:?M.J :::t::iz... · {), ~lh< 1-~IA-j'!? ~NU, .. ~-r~ · . '1v0 A~ 14v~ Designer Name State License# 1Zc-lZ" -{1 J'Z,./ City State/Zip i!ll-.WQ1'!.!.<~.RS'. ()9N!P.E~$:~Il_QN .:: .. · . · . . . . ·:... --. ·., ....... ,. . . . ......... .. Workers' Compensation Declaration: I hereby affirm under penalty of perjury one of the following declarations: 0 I have and will maintain a certificate of consent to self-insure for workers' compensation as provided by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. 0 I have and will maintain workers' compensation, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My worker's compensation insurance carrier and policy number are: Insurance Company____________________ Policy No.____________ Expiration Date _______ _ (THj8'SECTION NEED NOT BE COMPLETED IF THE PERMIT IS FOR ONE HUNDRED DOLLARS ($100) OR LESS) ~ CERTIFICATE OF EXEMPTION: I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of California. WARNING: Failure to secure workers' compensation coverage is unlawful, and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100 ·n addi the cost of compensation, damages as provided for in Section 3706 of the Labor code, interest and attorney's fees. SIGNATURE:~:;;~~~~-=-:-~~~~~1,-----,,,_L::.:_______________ DATE PJ., f1rt>"7 i;: ·': 0:1/l/.Nl;,f!~PV!~QJIB. PI;¢!ABAtl9..Y . . ... . -.....• I hereby affirm that I am exempt from the Contractor's License Law for the following reason: 0 I, as owner of the property or my employees with wages as their sole compensation, will do the work and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner-builder will have the burden of proving that he did not build or improve for the purpose of sale). D I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and contracts for such projects with contractor(s) licensed pursuant to the Contractor's License Law). 0 I am exempt under Section ______ Business and Professions Code for this reason: 1. I personally plan to provide the major labor and materials for construction of the proposed property improvement. D YES ONO 2. I (have / have not) signed an application for a building permit for the proposed work. 3. I have contracted _with the following person (firm) to provide the proposed construction (include name / address / phone number / contractors license number): 4. I plan to provide portions of the work, but I have hired the following person to coordinate, supervise and provide the major work (include name / address / phohe number/ contractors license number): _____________________________________________ _ 5. I will provide some of the work, but I have contracted (hired) the following persons to provide the work indicated (include name / address / phone number/ type of work):. ________________________________________________________ _ PROPERTY OWNER SIGNATURE ______________________ _ DATE -----------E~Qfy'!Pf~;i:.i(T,HtS;$EC,TION'.FQR NON~#ESIDE.Y,TtAfl:l).lltDl(IIG PERl'l!IITS OJilLy. Is the applicant or future building occupant required to submit a business plan, acutely hazardous materials registration form or risk management and prevention program under Sections 25505, 25533 or 25534 of the Presley-Tanner Hazardous Substance Account Act? 0 YES D NO Is the applicant or future building occupant required to obtain a permit from the air pollution control district or air quality management district? D YES D NO Is the facility to be constructed within 1,000 feet of the outer boundary of a school site? D YES O NO IF ANY OF THE ANSWERS ARE YES, A FINAL CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFFICE OF EMERGENCY SERVICES AND THE AIR POLLUTION CONTROL DISTRICT. ~LJt([N$,1'.~t.JCTIONJ:E!ll)?.)J',!G AG'ENCY .' . " .. : :· .. -... .. . . -... ·· I hereby affirm that there is a construction lending agency for the performance of the work for which this permit is issued (Sec. 3097(i) Civil Code). LENDER'S NAME _____________ _ LENDER'S ADDRESS ________________________ _ i~; ... ~i:?~~JCANT-G~.RT!flP-~tlQ,N I certify that I have read the application and state that the above information is correct and that the information on the plans is accurate. I agree to comply with all City ordinances and State laws relating to building construction. I hereby authorize representatives of the Cit\' of Carlsbad to enter upon the above mentioned property for inspection purposes. I ALSO AGREE TO SAVE. INDEMNIFY AND KEEP HARMLESS THE CITY OF CARLSBAD AGAINST ALL LIABILITIES, JUDGMENTS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT. OSHA: An OSHA permit is required for excavations over 5'0" deep and demolition or construction of structures over 3 stories in height. EXPIRATION: Every permit issued by the building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days fr9'1 the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 1 . d f'/91 Section 106.4.4 Uniform Building Code). APPLICANT'S SIGNATURE • DATE 'Af,1-,{)f? WHITE: File YELLOW: Applicant PINK: Finance , ( fnspection List Permit#: CB032034 Date Inspection Item 04/07/2004 65 Retaining Walls 01/12/2004 66 Grout 12/08/2003 61 Footing 09/18/2003 61 Footing Wednesday, April 07, 2004 Type: RETAIN Inspector Act TP AP TP AP TP AP PD AP CARLSBAD OAKS LOT 71421 SF RETAINING WALL PER S.D.R.S. 222 Comments OKTO FINAL CONT. OF PREV. APPV. WALL FTN. Page 1 of 1 ~nuC·O ENGINEERING, INCORPORATED 20938 CURRIER ROAD WALNUT, CALIFORNIA 91789 (800) 650-4910 (909) 594-7 414 FAX (909) 594-3853 REPORT OF FIELD INSPECTION CLIENT: --=J;'--'-;1~/1...<,__-:-________ _ DATE: 1-;g-{)3> JOB NUMBER: () S -/b) 'Toe footing excavations listed below have been inspected by a member of this flTIIl and are properly founded into material for which the bearing values recommended are applicable. D The cast-in-place drilled friction piles / belled caissons listed below have been inspected by a member of this firm and are imbedded into, or are founded upon material for which the allowable supporting capacities recommended are applicable. The diameter and depth of the excavation meets the minimum requirement specified on the approved Foundation Plans. D The swimming pool excavation has been inspected by a member of this firm and was found to be imbedded into approved soils as D anticipated in our previous report dated ____________ The swimming pool excavation is therefore approved for construction. The expansive soils for the locations listed below were found to be properly saturated to the required depth and are hereby approved for the pouring of the concrete floor slabs. DUCO ENGINEERING, INC. r Cit of Carlsbad BUILDING PLANCHECK CHECKLIST RETAINING WALL su1LDING PLANCHEcK NUMBER: cB (P 3 ;Lo 3 V BUILDING ADDRESS: ;)._ 7L/ /3 ( J~ik Jly'-{__ l,Je,-o~ PROJECT DESCRIPTION: _R_e_t_ai_ni_ng_W_a_ll _____ _ ASSESSOR'S PARCEL NUMBER: ENGINEERING DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in s s~.ension of permit to build. 1$/4 Date: 2 t't ~ ~+=~=----"'--=--- ATTACHMENTS Right-of-Way Permit Application H·\WQBQ\ODCS\CHKI SDRetalniog: Wal! Building Plaocbeck Cklst Fann 11 doc Rev 61?6'98 DENIAL Please see~e ttached report of deficiencies marked with . Make necessary corrections to plans or spe "fications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: Date: ENGINEERING DEPT. CONTACT PERSON NAME: JOANNE JUCHNIEWICZ City of Carlsbad ADDRESS: 1635 Faraday Avenue Carlsbad, CA 92008 PHONE: (760) 602-2775 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 \~ \ @ 1 su 2NDJ' 3RDJ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1. 2. 3. 4. BUILDING PLANCHECK CHECKLIST RETAINING WALLS Provide a fully dimensioned site plan drawn to scale. Show: A. North Arrow D. Easements B. Existing & Proposed Structures Retaining Wall ( dimensioned from street) (location and height) C. Property Lines ' ~& 81)~~+ ~ ~( Show on site plan:. ~~-~ 6J ~S, A. Drainage Patterns ( "(r+ ~ B. Existing & Proposed Slopes C. Existing Topography W~~ ~~ l~~ ~ Include on title sheet: ~ ~'-~L--'-... ~ A. Site Address ~ l.9' ~ CS ~ O[Y'c-~ e.. 0'4. B. Assessor's Parcel Number ~ 'N-. n><'JJ" C. Legal Description D. Grading Quantities Cut Fill lmporVExport (Grading Permit and Haul Route Permit may be required) Project does not comply with the following Engineering Conditions of approval for Project No. Conditions were complied with by: Date: • MISCELLANEOUS PERMITS 5. A RIGHT-OF-WAY PERMIT is required to do work in City Right-of-Way and/or private work adjacent to the public Right-of-Way. A separate Right-of-Way issued by the Engineering Department is required for the following: Please obtain an application for Right-of-Way permit from the Engineering Department. Page 1 \\lASPALMAS\SYSILIBRARYIENGIWORDIDOCSICHKLST\Retainlng Wall Building Plancheck Cklst Form JJ.doc Rev. 6/26/98 PLANNING/ENOINEERINC APPROVALS PERMIT NUMBER CB 03 2-03lf DATE :r2:y-03 ADDREss ')140 Lok.er Aw., w-e.st· "RESIDENTIAL RESIDENTIAL ADDITION MINOR ( < $10,000.00} CiENANTIMPRO,jMEN0 PLAZA CAMINO REAL CARLSBAD COMPANY STORES VILLAc&· FAIRE COMPLETE OFFICE BUILDING 'OTHER ______________ .;__ ___ _ PLANNER Cl«lo (lg5cf01 <' DATEr2:4 -Os, ENCi NEER. DATE --------------- oots/Mlsforms/Ptanning Engineering Approvals KAISER ELECTRO-DPT/CS, INC A ROCKWELL COLLINS COMPANY September 2, 2003 City of Carlsbad Engineering and Development Department 1635 Parady A venue Carlsbad, CA 92008 Subject: Letter of permission for off-site grading in conjunction with Dwg. No. 410-SA To Whom It May Concern: We are the owners of Assessor's Parcel Number 209-081-08. We have reviewed the City of Carlsbad drawing 410-SA sheet 3 which shows the proposed grading on our properties for the construction of a retaining wail along our west property line. We understand that no part of the wall will be lying within our property and do hereby grant permission to grade as necessary to construct said wall, subject to Canyon Ridge Business Park, LLC' s compliance with the terms and conditions set forth in the License Agreement between Canyon Ridge Business Park, LLC and Kaiser Electro-Optics, Inc., a true and complete copy of which is attached hereto. Owner: Kaiser Electro-Optics, Inc., a California Corporation B : ,,,,,.,.,--~~,,~ J ome T. Carollo 'f(f 6JJ5D:J c,S503blD3 t./ 2752 LOKER AVENUE WEST• CARLSBAD, CA 92008 • (760) 438-9255 Llcense Agreement 1bis License Agreement (this "Agreement") is entered into as of August_, 2003, between Kaiser Electro-Optics, Inc., a California corporation ("Owner"), and Canyon Ridge Business Park, LI..C, a California limited liability company ("Neighbor"), who agree as follows: 1. Recitals. 1.1. Owner owns the real property in the City of Carlsbad, California (the "City"), des~ribed as Lot 8 of the following tract and commonly known as Assessor's Parcel Number 209-081-08 (the "Property''): CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAIB OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FIT.ED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 13, 1982 (the "Tract"). Neighbor owns adjacent real property legally described as Lot 7 of the Tract (the "Neighboring Property"). 1.2 Neighbor is about to commence construction of improvements on the Neighboring Property, including a retaining wall and related improvements along the border between the Property and Neighboring Property (the ''Wall"). Alth9ugh the Wall is to be located entirely within the Neighboring Property, to construct, maintain, and repair the Wall, Neighbor needs rights to enter onto the Property and to perform certain activities on the Property. Owner is willing to grant such rights in accordance with this agreement and subject to Neighbor's obligations under this Agreement. _ 2. Llcense. Owner grants Neighbor a license to enter the Property for the sole purpose of constructing the Wall, and to grade on the Property in accordance with the grading plan submitted to the City of Carlsbad as Sheet 3 of the Drawing 410-SA. Owner shall promptly provide a letter to the City of Carlsbad in the form of the attached Exhibit A Access shall be limited to the area under construction as described on Sheet 3 of the Drawing 410-SA. Owner will not be responsible for constructing, maintaining, repairing, or replacing any aspect of the Wall, nor shall Owner be responsible for paying any cost or expense of any kind associated with the construction, maintenance, repair, replacement or development of the Wall or the restoration of Owner's property necessitated thereby, whether now or in the future all such costs and expenses being borne exclusively by Neighbor. 3. Notification Neighbor (or its agents or contractors) shall provide the Owner with a schedule identifying the work that will be perfpnned on the Owner's property, when the work will begin and when the work will be completed. Such notice shall be provided at least two working days prior to entering the Property to perform any work. Since the construction requires grading, wall construction and re-grading the Neighbor's access tnay not be continuous. In the event there is a lapse in time of more than two working day during which Neighbor is not actively performing work on the owner's property Neighbor shall provide Owner 24 hours notice prior to re-entering the property. All notices shall be in writing and shall be delivered in accordance with Section 10.9 below. 4. Protection of Owner and Property/Indemnification. Neighbor shall defend, indemnify, and hold harmless Owner, its employees, and agents against all losses, claims, suits, liabilities and expenses of every kind and nature whatsoever, including, without limitation, attorney's fees in any manner arising out of or in connection with this Agreement, including, without limitation any such losses, claims, suits, liabilities and expenses arising out of or in connection with any injury or death of persons (including, without limitation, employees of Owner, Neighbor, or any contractor) and any loss of or damage to real or personal property (whether owned by Owner, Neighbor or any other person) arising out of or in connection with or resulting from Neighbor's (or its agents' or contractors) construction, use or maintenance of the Wall. Under { 02002-07 /00003079.2} no circumstances may Neighbor install improvements on the Property. Before entering onto the Property, Neighbor (or its agents or contractors entering onto Property) shall procure and maintain: a) commercial general liability insurance and, if necessary, umbrella liability insurance covering liability arising from premises, operations, independent contractors, personal injury, products completed operations, pollution liability for off premise operations and liability assumed under an insured contract in an amount not less than $2,000,000 (two million dollars) per occurrence and in the aggregate. b) business auto liability (BAL) insurance, and if necessary, umbrella liability insurance covering owned, non-owned, and leased vehicles in an amount not less than $2,000,000 (two million dollars) per occurrence and c) contractor's pollution liability insurance in an amount not less than $2,000,000 (two million dollars) per occurrence and in the aggregate, but only if pollution liability coverage for the premises of the Owner is not provided by both the CGL and the BAL insurance described above. Neighbor shall name Owner as an additional insured on all required policies of insurance but only with respect to claims arising out of this Agreement. Neighbor's insurance shall be primary with respect to any insurance or self-insurance programs afforded to Owner. Neighbor shall provide to Owner prior to the commencement of construction of improvements a certificate of insurance evidencing the insurance and provisions detailed above. Such certificate shall contain a provision that the insurance cannot be cancelled or materially changed without providing Owner 30 (thirty) days advance written notice. It is specifically agreed that the types and amount of insurance requested above shall not limit or otherwise affect Neighbor's obligation to indemnify, defend, and hold owner harmless as provided by the Indemnification provisions of Article 4 of this Agreement. 5. Storage of Equipment and Materials Neighbor or its agents and contractors shall not store any personal property, including construction equipment or materials on Owner's property. 6. Interference with Owner's Operations Neighbor and its agents and contractors shall not interfere with Owner's operation of its property, including blocking driveways or parking spaces or any other location on the Owner's property. 7. Restoration of Owner's Property Upon completion of construction of the Wall Neighbor shall restore Owner's property to the condition that existed prior to Neighbor's entry on to Owner's property, including completion of grading, repair and replacement of any damaged landscaping, asphalt, concrete, plants, shrubs, grass, sprinkler systems or any other damage caused by Neighbor or its agents or contractors as a result of construction of the Wall or entry on to the Property. 8. No Partnership. By this Agreement no partnership, joint-venture or other relationship is created, other than a contractual relationship to perform the obligations specifically and expressly stated in this Agreement. 9. Tennination of License. The license granted to Neighbor shall immediately and automatically expire and shall be of no further force or effect upon completion of Neighbor's construction of the Wall and performance of all of Neighbor's obligations set forth in this license Agreement; provided, however, that Neighbor's obligations in Paragraph 4 of this License Agreement shall survive the termination of the.license granted herein. { 02002-07/00003079.2} _-<> 10. Miscellaneous. 10.1. Governing Law, Venue and Jurisdiction. This Agreement is governed by and construed in accordance with the laws of the State of California, irrespective of California's choice-of-law principles. All actions and proceedings arising in connection with this Agreement must be tried and litigated exclusively in the State or Federal courts located in the County of San Diego, State of California, which courts have personal jurisdiction and venue over each of the parties to this Agreement for the purpose of adjudicating all matters arising out of or related to this Agr~ement. Each party authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices set forth in this Agreement 10.1. Further Assurances. Each party to this Agreement shall execute and deliver all instruments and documents and take all actions as may be reasonably required or appropriate to carry out the purposes of this Agreement. 10.3. Attorney's Fees. The prevailing party(ies) in any litigation, arbitration, mediation, bankruptcy, insolvency or other proceeding ('Proceeding") relating to the enforcement or interpretation of this Agreement may recover from the unsuccessful party(ies) all costs, expenses, and actual attorney's fees (including expert witness and other consultants' fees and costs) relating to or arising out of (a) the Proceeding (whether or not the Proceeding proceeds to judgment), and (b) any post-judgment or post-award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from the Proceeding. All such judgments and awards shall contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorney's fees. 10.4. Modification. This Agreement may be modified only by a contract in writing executed by the party to this Agreement against whom enforcement of the modification is sought. 10.5. Prior Understandings. This Agreement and all documents specifically referred to and executed in connection with this Agreement: (a) contain the entire and final agreement of the parties to this Agreement with respect to the subject matter of this Agreement, and (b) supersede all negotiations, stipulations, understandings, agreements, representations and warranties, if any, with respect to such subject matter, which precede or accompany the execution of this Agreement. 10.6. Partial Invalidity. Each provision of this Agreement is valid and enforceable to the fullest extent permi~ed by law. If any provision of this Agreement ( or the application of such provision to any person or circumstance) is or becomes invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, are not affected by such invalidity or unenforceability. 10.7. Drafting Ambiguities. Each party to this Agreement and its legal counsel have reviewed and revised this Agreement.. The rule of construction that ambiguities are to be resolved against the drafting party may not be employed in the interpretation of this Agreement or any amendment to this Agreement. 10.8. Authority. Each of the individuals signing below on behalf of an entity represents and warrants that it is fully authorized to do so on behalf of such entity. 10.9. Notices. Notice required pursuant to this License Agreement shall be delivered by personal delivery (including overnight courier), registered or certified U.S. mail, postage prepaid, with return receipt requested or facsimile transmission and shall be deemed received as follows: (i) if by personal delivery, on the date delivered to Owner, on the date of delivery; (ii) if by registered or certified U.S. mail, on the date { 02002-07 /00003079 .2} ., of receipt by Owner as evidenced by the return receipt; and (iii) if by facsimile, at the time of receipt by Owner as evidenced by the facsimile transmission report generated by the sender's facsimile machine; provided, however, that facsimile transmissions received after normal business hours of the recipient shall be deemed received at 9:00 a.m. on the next business day of the recipient immediately following the day on which the facsimile transmission was originally received. Owner: Neighbor: { 02002-07 /00003079 .2}