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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 I <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />Project: Flower St. Bike Trail <br />8.7. FENCING AND SITE SECURITY <br />Security of the trail shall be the CITY's responsibility and expense. <br />Agreement No. D08-xxx <br />CITY shall develop a plan to assure that DISTRICT's adjoining flood control facility is not accessible to the <br />public using the CITY improvements on Premises but is accessible to DISTRICT personnel from Premises <br />(Security/Access Plan). This Security/Access Plan shall show the placement of all fencing securing the <br />Premises, including any proposed fencing located along the property line. This Security/Access Plan should <br />also include the placement of any proposed gates as well as information concerning whether the proposed <br />gates will be left open and if so when they will be open. This Security/Access Plan shall be reviewed and <br />approved by Director. <br />8.8 LANDSCAPING <br />CITY shall prepare a landscaping plan for the Premises. This plan shall be reviewed and approved by <br />Director. The CITY shall install and maintain the approved landscaping at its sole cost and expense. <br />ARTICLE 9 <br />INDEMNITY AND INSURANCE PROVISIONS <br />9.1. CITY'S INDEMNITY OBLIGATIONS <br />CITY agrees that it shall indemnify, defend with counsel approved in writing by DISTRICT, release and hold <br />harmless DISTRICT, the COUNTY, their elected and appointed officials, officers, employees agents and 'I <br />contractors {hereinafter "DISTRICT/COUNTY Indemnitees") from any and all claims, losses, or liability, 'I <br />arising from alleged injury or damage to persons or property arising out of: (a) breach of the terms and <br />conditions of this AGREEMENT by CITY, (b) the willful misconduct or negligent acts or omissions of CITY in <br />connection with this AGREEMENT, (c) the material or other things used or employed in performing <br />construction work, (d) injury to or death of any person or persons (either workman, employees of CITY or its <br />contractors, subcontractors or the public) or damage to adjacent or other property caused by the <br />perFormance of construction work being performed to construct CITY improvements on Premises or (e) <br />25B 911 <br />