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RESOLUTION NO. 76-5
<br />PAGE THREE
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<br />the Director to be detrimental_ to the public safety, such
<br />abatement to be in the manner prescribed by the Director, includ-
<br />ing the construction, alteration, or removal of any improvements.
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<br /> 4. Indemnification. Permittee covenants to indemnify
<br />and save harmless the City of Santa Ana, its officers and
<br />employees, from any and all loss, liability, damage, or injury,
<br />and from any and all suits, claims and actions brought by any
<br />person or persons for or on account of any loss, injury or
<br />damage caused by or arising or resulting from the use or main-
<br />tenance, of the above described land, or in the course of any
<br />activity of Permittee, its agents, employees, or contractors in
<br />connection therewith, or in consequence of the failure of Permittee
<br />to comply with or do all things required by or mentioned in this
<br />resolution.
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<br /> 5. Increased Cost of Maintenance. Any increased cost
<br />to the City of operating, maintaining, reconstructing, repair-
<br />ing or improving South Main Street which results directly or
<br />indirectly from Permittee's use or maintenance of the above
<br />described land shall be borne by Permittee and reimbursed to
<br />the City on demand.
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<br /> 6. Subordination to Public Use. The revocable per-
<br />mission herein given is subject and subordinate to the continu-
<br />ing right of the City, its successors, assigns, contractors,
<br />permittees, licensees and members of the general public to use
<br />and maintain the above described land for any and all municipal
<br />purposes, and subordinate to the continuing right of public
<br />utilities to use the same for utility purposes and facili-
<br />ties, and Permittee hereby expressly waives and releases any and
<br />all claims and causes of action which it may have at any time
<br />against the City, its officers and employees, for or on account
<br />of any and all damage to the above described land, and for and
<br />on account of any and all injuries or damages which it may incur
<br />arising or resulting at any time from any cause, including but
<br />not limited to, the improvement, repair, maintenance, recon-
<br />struction and use of South Main Street, change of grade, exca-
<br />vation for utilities, sewers and other underground facilities
<br />by the City or utility companies or other permittees or other
<br />authorized persons, the installation and maintenance by the
<br />City, utility companies or other permittees of underground
<br />facilities within the above described land, and the use or main-
<br />tenance of said land for municipal purposes.
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<br /> 7. Compliance with Laws. Permittee shall comply with
<br />all laws, rules and regulations of the State of California,
<br />the County of Orange, the City of Santa Ana, and all governmen-
<br />tal entities, agencies, boards, commissions and bureaus thereof
<br />applicable to the privileges herein granted.
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<br /> 8. Removal. In the event that this permit is revoked
<br />by the City of Santa Ana, or in the event that Permittee dis-
<br />continues the use of the above described land, Permittee shall
<br />immediately remove any improvements thereon and shall restore
<br />said land to its original condition to the satisfaction of the
<br />Director of Public Works of the City.
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<br /> 9. Reimbursement upon Permittee's Breach. In the
<br />event that Permittee fails to perform, keep or comply with any
<br />covenant, condition, restriction or limitation required by this
<br />permit to be performed, kept or complied with by Permittee,
<br />City may (but without any obligation so to do) at any time and
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