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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />If any regulatory agency requires that any property is set aside as mitigation for CITY's <br />RECREATION IMPROVEMENTS, that mitigation shall not be on PREMISES nor shall DISTRICT <br />have any obligation to monitor or maintain that mitigation or contribute any costs therefore. <br />CITY shall provide DISTRICT and OC Public Works' Permit Services/Regulatory Permits with <br />copies of all regulatory permits and/or agreements and conditions for its review and written <br />approval prior to CITY's agreeing to any such terms and conditions. Copies of any and all current <br />permits issued shall be available for inspection by DISTRICT's personnel. <br />CITY shall be responsible for obtaining permit from others for connecting its irrigation system to <br />their water supply system. Any water supply lines provided by the CITY for irrigation of CITY's <br />landscape or any other utilities provided for CITY's RECREATION IMPROVEMENTS are at <br />CITY's cost. In any case when this agreement is terminated, CITY shall remove its utility lines <br />installed pursuant to this Agreement at CITY's cost. In the event that CITY'S water supply lines <br />cause any damage to DISTRICT's facilities, CITY shall repair, replace, or restore DISTRICT's <br />improvements at CITY's expense to the satisfaction of the DIRECTOR and hold DISTRICT and <br />COUNTY harmless as specified in Article 9. <br />8.4. CONSTRUCTION OF RECREATION IMPROVEMENTS <br />CITY shall notify DIRECTOR two (2) weeks prior to beginning construction of its RECREATION <br />IMPROVEMENTS on PREMISES and shall coordinate the work with DISTRICT's inspector <br />during the progress of construction of RECREATION IMPROVEMENTS per individual <br />encroachment permits. Any Contractor hired by CITY to construct RECREATION <br />IMPROVEMENTS on PREMISES shall be required to: <br />(a) Maintain insurance that complies with the insurance requirements specified in Exhibit E; <br />(b) Indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless <br />DISTRICT, the COUNTY, their elected and appointed officials, officers, employees, <br />agents and contractors (hereinafter "DISTRICT/COUNTY INDEMNITEES") harmless <br />from any and all claims, losses, or liability, arising from injury or damage to persons or <br />- Page 10 of 23 -