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<br />-- <br />Project Edl1d Pdrk - City of Santa Ana <br />Project No. EF03464 <br />Facility [01, Parcel 1501 <br /> <br />1 no cost to DISTRICT, so long ClS Hlis Amended and Restated Agreement remains in effect. This right shall be <br /> <br />- <br /> <br />Agreement No, D97-116 <br />(Formerly Nu. C767) <br /> <br />subject to the condition that all plans for development or improvement of said PROPERTY, shall first be approved i <br /> <br />_~ writing by DIRECTOR. so as to ensure that the use does not impair DISTRICT's troadworks adjacent tn th. <br /> <br />4 PROPERTY. <br /> <br />') 3) maintain and operate all facilities within CITY pork at no cost to DISTRICT, in Clccurdance <br /> <br />6 with Paragraph 4, (ALLOWABLE USES OF PROPERTY), below. <br /> <br />4) be fully responsible, at no cost to DISTRICT, for keeping the PROPERTY free and clear 0 <br /> <br />8 all litter and trash generated from use of CITY's park, to the satisfaction of DIRECTOR <br /> <br />5) have the option to remove any and all pRrk improvements from the PROPERTY. <br /> <br />(, <br /> <br />llotwithstandirll::j their becoming affixed to and pal1 of the realty, witt)in a reasonable time after receipt of a Nolice 0 <br /> <br />11 <br /> <br />Termination from DISTRICT <br /> <br />L' <br /> <br />6) not store or permit toxiL: UI 1-laLardous matel-ials within the PROPERTY, from the date tha <br /> <br />1.3 <br /> <br />this Amended and Restated Agreement is executed, except that CITY may store solvents, fuels and other materinlc- <br /> <br />_4 <br /> <br />normally required or used in its operation at the park on the PROPERTY in accordance with all applicable laws. I <br /> <br />c <br />, <br /> <br />CITY breaches the obligations stated herein, or if r:ontarnination of the PROPERTY by toxic or haL81-dous material <br /> <br />iC <br /> <br />otherwise occurs tor which CITY is legAlly liable to DISTRICT for damage resulting tbel-efrom, then CITY shal <br /> <br />1"/ <br /> <br />indemnify, defend and hold DISTRICT harmless from any and all claims, judgements, damages, penalties, fines, <br /> <br />18 <br /> <br />costs, liabilities, or losses (including without limitation sums paid in settlement of claims, attorneys fees, consultan <br /> <br />19 <br /> <br />fees, and expert witness fees) which arise during or after the lease term as a result of such contamination. Thi <br /> <br />20 <br /> <br />indemnification includes without limitation costs and penalties paid, if any, incurred by DISTRICT in corHlec:tion wit <br /> <br />any investigation of site conditions or ElIlY cleanup, remedial, removnl, or restoration wurk required by any federal, <br /> <br />22 <br /> <br />state, or-local governmental entity because of toxic or ha7ardous materi<lls being preser\l in the soil or ground wate <br /> <br />2'3 <br /> <br />of ttle PROPERTY. CITY stlall promptly take all actions at its sole cost and expense as are necessary to clean. <br /> <br />~~ 4 <br /> <br />remove, and restore the PROPERTY to its condition prior to the introduction of such toxic or ha7ardous materials by <br /> <br />25 <br /> <br />CITY, provided CITY shall first have obtained DISTRICT's approval and the approval of any additional, necessary <br /> <br />Hmm:ednapk/sa <br /> <br />4 <br /> <br />(rev4/15) <br />