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RECLAMATION .DISTRICT #548 <br /> 1101 W.TOKAY STREET <br /> LODI,CALIFORNIA 95240-3894 <br /> ROBERT B.STERNFEIS,SECRETARY TELEPHONE:(209)334-3777 <br /> FAX:(209)334-6834 STOCKTON:(209)948-2331 <br /> Monday, November 30, 1992 <br /> Wendy L Cohen RECEIVFD <br /> Senior Engineer <br /> California Regional Water Quality Control Board DEC 0 3 1992 <br /> Central Valley Region <br /> 3443 Routier Road, Suite A ENvIRONM�.�TA�. HEALTH <br /> Sacramento, CA 95827-3098 PERMIT/��R�c�Its <br /> Re: Tower Park Marina. Soil Boring and Well Installation Permit. <br /> i <br /> Dear Ms. Cohen: <br /> As you are well aware, Reclamation District#548 (the "District")issued its Permit to <br /> Tower Park for the above work on August 20, 1992. At the applicant's request, we issued <br /> an Amended Permit on October 2, 1992. The applicant now objects to the indemnity <br /> language of the Amended Permit and has suggested amendments. The District finds the <br /> applicant's proposed language unacceptable., <br /> The District appreciates your concern but it is not aware of any legal authority which <br /> permits yD1 to dictate the terms of its permits. It should not be the province of the <br /> California Regional Water Quality Control Board to intervene in and decide matters that are <br /> totally within the province of other governmental agencies. <br /> Here, the District believes that it is reasonable for the applicant to assume the risks of <br /> its negligence relating to the permitted work or any other act or omission related thereto and <br /> to agree to indemnify the District from any loss occasioned thereby. The District has not - <br /> -even required a policy of insurance to cover the risks they must assume. Nevertheless, they. <br /> apparently desire to avoid as much liability as they can. <br /> For your convenience, the provision in question reads as follows: <br /> "Permitees shall indemnify Reclamation District#548,its trustees,officers, <br /> engineers and attorneys ("Indemnitees") and hold them and each of them <br /> harmless from and provide a defense to each Indemnitee, for any loss, <br /> liability,claims,lawsuits (threatened or filed) or injuries, whether or not <br />