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r <br />to the City. On District receipt af the certification of cornpletior�, cfose-aut of �he District permit <br />for the Praject, and re�iew af such Project documentation as it rriay req�ire, �he District will <br />disburse the remainirtg RCWD Board a�pro�ed f�nds_ <br />C. Contingencies. The District's obGgation to prp�ide cost-share €unds is car�tingent on the <br />City's compliance with the terrr�s of t�is agreement, including but not fimited to Project <br />compfetion in accordance with the �istrict-approveci plans and specifications within 24 months. <br />Tt�e City will return to the District any cost-share funds already recei�ed if this concfition is not <br />satisfied. <br />1i1, MlSCELLANEQUS. <br />A. Relationship of Par�ies. Nothing in t�is agreement creates or establishes a partr�ership, <br />joint ve�ture or agency reiationship 6etwee� thE parties. District re�iew or appro�al of design <br />pla�s and specifications, a rnaintenance plan and any other Project-relatecf documents is so[ely <br />for the pistrict's own accounting for funds expended. As between the �arties, the City is svlely <br />responsible for selection o# the Project design and the rneans, �ethod and manner of <br />constructior�. Nothing irt this agreement creates any right in any third party or affects ar�y <br />immunity, defense or liability limitation enjoyed by either party. <br />B. Em�loyees. The City represer�ts that it has or will secure, at its own expense, aEl <br />personnel and/or contrattors required for the perfarmar�ce o{ this agreement_ No City <br />personnel-or contracior wil! be considered an agent, repres�ntative or empfoyee of the District. <br />C_ Lfability. 7he City agrees to hold harmless and indemnify the pistrict, and its rnanagers, <br />staff and representa�i�es, against any clair�, expense or darnage, including attorney fees, arising <br />from the performance of this agreement. <br />D. Assignment or Moelification. �his agreernent binds and in�res to the ber�efit o# the City <br />and ti�e District, ar�d their respecti�e successors and assigns. Neither party may assign this <br />agreement without the priar written consent of the att�er. Any modificatian of the agreernen# <br />must be in writing ar�d signed by both parties. <br />E. This agreement is effecti�e as of the date a!E of i�e signat�ares below have been provided. <br />Dated: <br />20�1 City o# Arden Hilis <br />�Y= <br />Its: <br />Dated: _ . Y� � ` � � 2011 <br />� ��. <br />Rice Creek Watershed Qistrict <br />-� <br />'� �_:� " G- <br />sy: / <br />Patritia Pre+ner, President <br />Baard of Managers <br />2 <br />