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1960-6429WHEREAS, the City of Anaheim desires to construct a storm drain inlet within Orange County Flood Control Districtts right of way of the West Anaheim Storm Drain approximately 800 feet east of Muller Avenue; and WHEREAS, the Orange County Flood Control District has submitted to the City of Anaheim a form of permit to be accepted and agreed to by the City, granting to the City of Anaheim permission to construct a storm drain inlet within said Districtts right of way of the West Anaheim Storm Drain approximately 800 feet east of Muller Avenue, subject to the terms, covenants, and conditions set forth in said permit; and WHEREAS, the City Council finds that it would be for the best interest of the City to accept said permit, subject to the terms, covenants and conditions therein contained. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the permit this day submitted to the City of Anaheim by the Orange County Flood Control District, granting to the City permission to construct a storm drain in- let within said Districtts right of way of the West Anaheim Storm Drain approximately 800 feet east of Muller Avenue, sub. ject to the terms, covenants and conditions set forth in said permit, be and the same is hereby approved and accepted. That the terms, covenants conditions of said be kept, performed and agreed to by the City are as permit to follows: Permittee shall agree to save the Orange County Flood Control District, its officers, agents or employees, harmless from any and all penalties, liabilities or loss resulting from claims or court actions, arising directly or indirectly out of any damage or injury to persons or property by reason of the acts or omissions of the Permittee, its agents, employees or independent contractors employed by it, in exer- cising any of the privileges granted or in conse- quence thereof. 2. Should any damage or injury to said Districtts works occur, either through the acts of agents, servants or employees of Permittee or by any independent contrac- tor of Permittee in the exercise of the rights granted, Permittee shall immediately, upon the written demand of said District, restore such works to the condition of same on the date of the issuance of said Permit at Permitteets cost or expense. The question as to whether or not any such damage or.injury has been caused to the works shall be determined by the Flood Control Engineer and his determination shall be final. 1. RESOLUTION NO. 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ACCEPTING APERMIT FROM ORANGE COUNTY FLOOD CONTROL DISTRICT GRANTING TO THE CITY PERMISSION TO CONSTRUCT A STORM DRAIN INLET WITHIN SAID DISTRICT'S RIGHT OF WAY OF THE WEST ANAHEIM STORM DRAIN; AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT SAID PERMIT FOR AND ON BEHALF OF THE CITY. -1- Engineering Dir Pub Util BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to accept said permit for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 1st day of November, 1960. ATTEST: 3. The Orange County Flood Control District may reserve the right unto itself to, perform any flood control work, upon any portion or all of the area covered by said Permit, or to do any other work necessary at any time. Such work may be performed without incur- ring any liability of any nature whatsoever to the Permittee. It shall be further understood and agreed that said District may reserve unto itself the rights of ingress and egress over all or any portion of the 'subject area. 4. Upon`the expiration of said Permit, the Permittee shall immediately remove all equipment and property belonging to it from the premises. 5. Neither said Permit nor any of the rights therein granted shall be assigned without the prior written approval'of said District. 6. At least'48 hours prior to the commencement of any works contemplated by said permit, Permittee shall notify District's Maintenance Superintendent by telephone at JE. 4 -0336, or by writing addressed to him at 13872 East Garden Grove Blvd., Orange, Calif. All works shall be in accordance with approved plans on file with the Flood Control Engineer and all backfilled and compacted to a relative density of at least 90% of the maximum density, and to the satisfaction of said District's inspector. 7. By acceptance of said Permit, the City of Anaheim agrees that the construction work to be performed within said District's right of way shall become the property of the Orange County Flood Control District'upon completion and that said District shall be responsible for its maintenance. 8. Said permit may be cancelled by the Board of Super- visors in the event the use permitted is abandoned for a period exceeding one year. CLERK OF THE CITY OF ANAHEIM -2- MAYOR ib F 'I` i CITY b F Pro Tem INi STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at regular meeting of the City Council held on the lst day of _November, 19 60 by the following vote of the members thereof. AYES: COUNCILMEN: Chandler, Coons, Fry and Thompson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte Pro Tem AND 1 FURTHER CERTIFY. that. the Mayor /of the City of Anaheim approved and signed said resolution on the 1st day of November 19 60 I.N WITNESS WHEREOF, I have hereunto set. my hand and affixed the seal of the City of Anaheim this lst day of November 19 60° (SEAL) fri CITY CLERK OF THE CITY OF ANAHEIM