COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA-2008

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compensation for Miller and Associates to perform all services referenced above. From the time the City incurs the cost of any particulaz work subject to this Agreement to the time the Agency reimburses the City for that cost, the amount due to the City for such improvement work shall beaz interest at the rate of the average City return on investment, as the same may change from time to time. Except as maybe otherwise provided (1) by separate agreement between the City and the Agency, or (2) by budget appropriations or appropriation adjustments approved by the City and the Agency, the amount to be paid by the Agency hereunder shall be paid in the same fiscal year as the yeaz in which the debts are incurred by the City. 3. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that maybe imposedupon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code aze made. apart hereof as if fully set forth herein: 4. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of.adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement sha1L apply to all activities carried out by the parties as set forth in Section 1 hereto.