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a Use Permit Application approved by the San Joaquin County Community Development Department, for application to the State Reclamation Board to obtain an encroachment permit to construct and use a driveway located at the northwest of said property near the District's station-120+00 in conjunction with the proposed private sld club for ingress and { egress, conditioned upon the following: (1) the District's project engineer will be provided an opportunity to review the i application and that all information requested by the project engineer will be provided for his review, (2)that the applicant bear the costs involved in having the District's project engineer review the application; (3)th.0 app)icant bear the expenses of performing the work intended by the application; (4) John Eagal, his officers, agents, employees and contractors, shall exercise k reasonable precautions to avoid damage and protect persons or property in conjunction m with the construction and use of the proposed driveway, (� (5) Paradise Junction Reclamation District No. 2095 assumes no liability or responsibility for any loss or damage to property or persons or injuries to or death of agents, contractors, employees or guests of John Bagel by reason of the issuance of this resolution; i (6) Paradise Ainction Reclamation District No. 2095 shall be named as additional insured on a policy of general liability insurance to be purchased by John Eagal, at his sole cost and expense; (7) John Eagal agrees to indemnify and hold harmless Paradise Junction Reclamation District No. 2095,its officers, agents, employees and contractors from any damage, injury or claim arising from the activities described in this resolution.John Eagal further agrees to either reimburse Paradise.function Reclamation District No. 2095 •for any ifih3age to Paradise Junction Reclamation Distritt'No. 2095's roaads, .. or-- other property, octwring by reason ofthe wrercise of the activities envisioned and herein ' described, or to replace or restore said property. John Bagel further agrees that in the i event of any claim or lawsuit which may arise from the activities hereinbefore desresled that affects paradise Junction Reclamation District No. 2095, its officer, agacts, employees or contractors, John Eagal shall provide a legal defense for the benefit of said entities and individuals; w (8) John Bagel shall restrict his use of any portion of the levee so as to Minimize the damage thereto. John Eagal shall repair or restore any and all portions of the Ievee affected by John Eagal's activities encompassed in the construction and use of the driveway encroachment, hereinbefore described,to the condition of the same which existed prior to any damage, wear and tear or other deterioration created by the adstence 2 : 1