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a use Perric t AppEcation approved by the San Joaquin County Community Dcs%eiopment <br /> Department, for application to the State R.cclamation Board to obtain an encroachment <br /> permit to construct and use a driveway located at the northwest of said property near the <br /> District's st-uion I20+_00 in conitinction with the proposed private s d ciub for ingress and <br /> egress, conditioned upon the foilo7ong: <br /> (1) the District's project engineer will be provided an opportunity to review the <br /> application and teat all reformation requested by the project engineer will be provided for <br /> his review; <br /> (2) that the applicant bear the costs iuLrolved in having the District's project <br /> enclinecr review the application, <br /> (3)thy-appEi ant bear the expenses of performing the work irtt.endcd by the _ <br /> application; <br /> (4) John Eagal, his officers, agents, employees and contractors,, shall ewcisc <br /> reasonable precautions to avoid damage and protect persons or property in conjunction <br /> with the construction aztd use of the proposed driveway, <br /> (5) Paradise Junction Reclamation District No. 2095 assumes no Lability or <br /> responsibility for any loss or damage to property or persons or injuries to or death of <br /> agcrts, contractors, employees or guests of John Eagal by reason of the issuance of this <br /> resolution; <br /> (6) Paradise Junction Reclamation District No- 2095 shall be named as additional <br /> insured on a policy of general liabiuty insurance to be purchased by John Eagal, at bis <br /> sole cost and expense; <br /> (7) John Eatral agrees to indemnify and hold harmless Paradise Junction <br /> Reclamation District No- 2095, its officers, agcnts, employees and contractors from any <br /> damage, injury or claim arising from the activities described in this resolution.John <br /> Ergati further agues to either reimburse Paradise Junction Reclamation District No. 2095 <br /> .for any dam;ir to Paradise Amctibn Reclamation District-NO. 205'stoads, fez=:% or•- - <br /> other property, occurring by reason of the exercise of the activities envisioned and herein <br /> described, or to replace or restore said property. John Eagal further agrees that in the <br /> event of any claim or lawsuit which may arise from the activities hereinbefore deimled <br /> that affects Paradise Junction Reclamation District No. 209S, its officer, agents, <br /> employees or contractors, John Eagal shall provide a legal defense for the bene5t of said <br /> ectities and individuals; <br /> (8) John Eagal shall restrict his use of any portion of the levee so as to minimize <br /> the damage thereto. John Eagal shill repair or restore any and all portions of the levee <br /> affected by John Eage3's actitrit es encompassed in the concoction and use of the <br /> inveRav encroachment, herwnbctore described, to the condition of the same which <br /> misted prior to any clu:nagc, wra*and tear or other deterioration created by the existence <br />