25F - AGMT - WATER RESERVIOR IMPROVEMENTS

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SECTION 4. MAINTENANCE 4.1. Maintenance activities may include, but are not limited to: artificial ivy repair, graffiti removal, vandalism remediation, landscape irrigation, vegetation, and block wall repair. 4,2. While the Improvements described in Section 1 of this AGREEMENT are being constructed, the maintenance of such Improvements shall be the responsibility of the contractor under contract with OCWD. This contractor shall maintain the same or better site security as exists prior to the constriction contract award. 4.3. Upon substantial completion of the construction contract, OCWD and CITY shall own and maintain the Improvements located within their respective property boundaries. SECTION 5. MISCELLANEOUS 5.1, Term. This AGREEMENT shall become effective upon its approval by both the Board of Directors of OCWD and the CITY Council. 5.2. Notices, Any notice, instrument, payment or docuuent required to be given or delivered under this AGREEMENT shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as follows: If to OCWD: Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Attn: General Manager If to CITY: CITY of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attu: City Manager or such other address as either party may direct in writing to the other. Service of any instrument or document given by mail shall be deemed complete upon receipt if delivered personally, or 48 hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above. 5.3, CITY Indemnification. The CITY shall defend, indemnify and hold OCWD, its officers, directors, employees and representatives, harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities (collectively, "Costs ") that may be asserted or claimed by any person or entity arising out of the performance or implementation of this AGREEMENT by CITY or its officers, directors, employees or representatives, or the distribution or use of any water. The CITY shall also defend, indemnify and hold OCWD, its officers, directors, employees and representatives harmless from and against any and all Costs that may be asserted or claimed by any person in any administrative or judicial challenge to the -4- 25F-6