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AGREEMENT FOR RESURFACING AND RECONSTRUCTION OF SUNFLOWER AVENUE FROM BRISTOL STREET TO BEAR STREET THIS AGREEMENT is made and entered into this day of 1989, by the CITY OF COSTA MESA (hereinafter called 2"CIOTA MESA") and the CITY OF SANTA ANA (hereinafter called "SANTA ANA"). W I T N E S S E T H: WHEREAS, COSTA MESA and SANTA ANA desire to renovate the portion of Sunflower Avenue, hereinafter referred to as "Project", between Bristol Street and Bear Street in accordance with engineer- ing studies indicating the need for repair, reconstruction, and overlaying; and WHEREAS, the street to be improved lies partly within the corporate limits of COSTA MESA and SANTA ANA; and WHEREAS, the parties hereto desire to provide for the con- current reconstruction of portions of Sunflower Avenue within both cities and desire to pay for their proportionate share of costs thereof; NOW, THEREFORE, the parties hereto agree as follows: 1. COSTA MESA shall prepare plans and specifications for Project in accordance with standard engineering practice. SANTA ANA shall have the right of approval of said plans and specifications as they relate to the portion of Project within SANTA ANA. 2. COSTA MESA shall advertise and award the construction contract for Project in accordance with State and local laws. 3. COSTA MESA shall administer the construction contract and shall supervise all work performed. 4. Mutual Indemnity Provision: (a) COSTA MESA shall hold harmless, indemnify and defend SANTA ANA and its officers, agents and employees from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of COSTA MESA or its officers, agents, or employees in the performance of this Agreement.