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became effective, including, without limitation, those relating to health, safety, noise,
<br />environmental protection, waste disposal, water and air quality, and furnish satisfactory
<br />evidence of such compliance upon request of City.
<br />No hazardous materials shall be handled by City at any time upon the Park. Should any
<br />discharge, leakage, spillage, emission or pollution of any type occur upon or from the
<br />Park, City at its expense, shall be obligated to clean all the Park affected thereby, whether
<br />owned or controlled by the District or any third person, to the satisfaction of District and
<br />any governmental body having jurisdiction.
<br />No hazardous materials shall be handled by District at any time upon the Bridge. Should
<br />any discharge, leakage, spillage, emission or pollution of any type occur upon or from the
<br />Bridge, District at its expense, shall be obligated to clean all of the Bridge affected
<br />thereby, whether owned or controlled by the City or any third person, to the satisfaction
<br />of City and any governmental body having jurisdiction.
<br />To the extent permitted by law, City shall indemnify, hold harmless and defend District
<br />and such holders of user rights against all liability, cost and expense (including, without
<br />limitation, any lines, penalties, judgments, litigation costs and attorneys' fees) incurred by
<br />District and such other users as a result of City's breach of this section or as a result of
<br />any such discharge, leakage, spillage, emission or pollution, unless such liability, cost or
<br />expense is proximately caused solely by the active negligence of City.
<br />To the extent permitted by law, District shall indemnify, hold harmless and defend City
<br />and such holders of user rights against all liability, cost and expense (including, without
<br />limitation, any fines, penalties, judgments, litigation costs and attorneys' fees) incurred by
<br />City and such other users as a result of District's breach of this section or as a result of
<br />any such discharge, leakage, spillage, emission or pollution, unless such liability, cost or
<br />expense is proximately caused solely by the active negligence of District.
<br />19. Drainage:
<br />City shall be responsible for the drainage from the Bridge onto the Park. District shall be
<br />responsible for the drainage on the remainder of the Oyster Bay Regional Shoreline.
<br />20. Contribution for Construction:
<br />The City and District have diligently worked to assemble the necessary grant funding
<br />from various sources to provide for the construction of the Bridge. However, the
<br />Engineer's Estimate for the work exceeds the available grant funding by $328,000.
<br />District and City have each agreed to provide up to half of the estimated shortfall at
<br />$164,000, if required. As the contracting agency for the construction of the Bridge, the
<br />City will provide the District with the City's approved progress or final payment forms.
<br />Slough Bridge
<br />1-21-09
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