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iii. Cross -culverts <br />iv, Surface drains located within the County road right-of-way <br />8.2.3. The attached Exhibit C identifies ownership responsibility of the storm <br />water system. <br />8.2.4. The cost for maintenance of storm water best management practices <br />(BMP) which include trunk line outfalls and the Stormwater pond shall be <br />distributed between the City and County by relative contributing area and <br />runoff coefficient based on its adopted land -use classification. The cost <br />for maintenance of the BMPs within this agreement are specified as: <br />i. County Identification Number BMP 124.5a <br />Stormwater Pond <br />City 67%, County 33% <br />ii. County Identification Number BMP 5060h <br />Apron Outlet to BMP 124,5a <br />City 67%, County 33% <br />Ili. County Identification Number BMP 5061h <br />Apron Outlet from BMP 124.5a <br />City 67%, County 33% <br />8.2.5. If contributing areas or runoff coefficients change in the future, the City <br />and County will recalculate the cost split for maintenance of BMPs. <br />8.3. The City will own and maintain the sidewalk, including snow removal and <br />sidewalk panel replacement. <br />8.4. The City will own and maintain trees planted as part of the project. <br />9. The County grants the City temporary construction easements over all County owned <br />rights-of-way and property within the limits of the Project for use during construction at <br />no cost to the City. <br />10. The City and County shall indemnify, defend, and hold each other harmless against <br />any and all liability, losses, costs, damages, expenses, claims, or actions, including <br />attorney's fees, which the indemnified party, its officials, agents, or employees may <br />hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or <br />omission of the indemnifying party, its officials, agents, or employees, in the <br />execution, performance, or failure to adequately perform.the indemnifying party's <br />obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a <br />waiver by the County or the City of any statutory or common law immunities, limits, or <br />exceptions on liability. <br />11. This Agreement shall remain in full force and effect until terminated by mutual <br />agreement of the parties. <br />PUBW2015-04 Page 5 of 5 <br />