EIGHT: The Permittee shall, when required by law, secure the written order or consent from
<br /> all other public agencies having jurisdiction over the proposed work.
<br /> NINE: The Permittee is responsible for all personal liability and property damage which
<br /> may arise out of failure on the Permittee's part to perform the obligations under this
<br /> Permit. If any claim of liability is made against the United States of America, the
<br /> State of California, a local district or the County of San Joaquin and the officers,
<br /> agents or employees thereof, as a result of Permittee's failure to perform the said
<br /> obligations, the Permittee shall defend and shall hold each of them harmless from
<br /> each claim.
<br /> TEN: The Permittee shall exercise reasonable care to operate and maintain any work
<br /> authorized herein to preclude injury to or damage to any work necessary to any plan
<br /> of flood control, or interfere with the successful execution, functioning or operation of
<br /> any plan of flood control.
<br /> ELEVEN: Should any of the work not conform to the Conditions of this Permit, the Permittee,
<br /> upon order by the authorized representative of the Department of Public Works shall,
<br /> in the manner prescribed by the Department, be responsible for the cost and
<br /> expense to remove, alter, relocate, or reconstruct all or any part of the work herein
<br /> approved.
<br /> TWELVE: Permittee acknowledges that the plan of flood control encompasses the real
<br /> property, which is the subject of this Permit, and agrees that the plan of flood control
<br /> is of primary importance to the health, safety, and welfare of residents within the
<br /> environs of the real property which is the subject of this Permit. Therefore, Permittee
<br /> agrees that Permittee shall, at the Permittee's sole cost and expense, remove, alter,
<br /> relocate, or reconstruct all or any part of the work herein approved, within 30 days
<br /> after receiving written notice, and in the manner prescribed thereby, should said
<br /> work or any portion thereof not conform to the provisions of this Permit, or should
<br /> said work or any portion thereof be injurious to or damage any work necessary to
<br /> any plan of flood control of San Joaquin County or any Federal or State agency or
<br /> should it interfere with the successful execution, functioning, or operation of any
<br /> such plan of flood control, or should such removal, alteration, relocation, or
<br /> reconstruction be necessary under, or in conjunction with, any present or future flood
<br /> control plans for the area in which the work herein approved is to be accomplished,
<br /> and in case Permittee delays acting upon any such written notice of the Department,
<br /> the Department may proceed to perform the required work and the cost shall be paid
<br /> by Permittee. In executing this Application, Permittee specifically acknowledges that
<br /> from time-to-time, there may be emergency situations in which the Department may
<br /> not be able to reasonably notify Permittee to remove, alter, relocate, or reconstruct
<br /> all or any part of the work herein approved, and in such emergency situations,
<br /> Permittee agrees the Department may proceed to perform the required work and the
<br /> cost shall be paid by the Permittee.
<br />
|