25E - AGMT - OPERATION AND MAINTENANCE OF PROPERTIES

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Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana If CITY subsequently removes the masonry/block wall for any reason, CITY shall construct a replacement wall or fence meeting DIRECTOR's written approval at no cost to DISTRICT. 8.8. GRAFFITI REMOVAL CITY agrees to be responsible at its sole cost and expense for keeping all RECREATION IMPROVEMENTS and DISTRICT facilities which are accessible from said RECREATION IMPROVEMENTS free of graffiti. CITY shall regularly inspect RECREATION IMPROVEMENTS for graffiti and shall remove all graffiti from the RECREATION IMPROVEMENTS and DISTRICT facilities within two (2) working days of inspection or notification of the graffiti. CITY shall identify a contact person at the CITY responsible for graffiti removal and shall keep OC Public Works'/Operations & Maintenance informed of CITY's contact person and access requirements for this operation by calling 714-955-0213. CITY shall perform any graffiti removal work in compliance with the requirements of Article 13 of this AGREEMENT by implementing appropriate Best Management Practices (hereinafter referred to as "BMPs") to prevent all materials, including paint or chemicals used in graffiti removal and any debris associated with the proposed project, from entering into the channel and/or DISTRICT maintained areas. 8.9. LANDSCAPING CITY shall prepare a landscaping plan for the PREMISES affected by the installation of any RECREATION IMPROVEMENT. This plan shall be reviewed and approved in writing by DIRECTOR before implementation. The CITY shall install and maintain the approved landscaping at its sole cost and expense. ARTICLE 9 INDEMNITY AND INSURANCE PROVISIONS 9.1. CITY'S INDEMNITY OBLIGATIONS CITY agrees that it shall indemnify, defend with counsel approved in writing by DISTRICT, release and hold DISTRICT, COUNTY, and/or DISTRICT/COUNTY INDEMNITEES harmless - Page 14 of 23 -