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11/18/14 <br /> WHEREAS, the Conservancy has agreed to allow the use of said out-of-use water supply well <br /> located on the Brumley Tract and identified on the map in Attachment 1, as part of the proposed <br /> Orange County Groundwater Observation Well Network, a system of groundwater observation <br /> wells throughout Orange County intended to permit monitoring of groundwater conditions in the <br /> County; <br /> NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and <br /> obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the <br /> parties agree as follows: <br /> 1. OPERATION AND MAINTENANCE OF SITE <br /> The County, its employee's, agents, and third party contractors shall have the right to <br /> use the well located on the Brumley Tract property south of Rigsbee Road for the <br /> collection of groundwater level information, the collection of water quality samples, <br /> and the collection of geological and geophysical information. The County will be <br /> responsible for coordinating and supervising all such investigations. <br /> The County will be solely responsible for the maintenance of the well on the Brumley <br /> Tract with PIN 988256978 during the term of this agreement, including any repairs <br /> which may be necessary to the well or well house to permit ongoing operation of the <br /> well, and shall repair any damage to the well or other property of the Conservancy <br /> arising out of the use of the premises by the County, its employees, agents or third <br /> party contractors. Orange County will be responsible for securing the well with a <br /> locking cover as well as use of the well to achieve the stated goals of the Orange <br /> County Groundwater Observation Well Network. Use of the well shall include the <br /> right of ingress and egress between the well and Rigsbee Road across the said <br /> property of the Conservancy. <br /> During the term of this agreement the Conservancy shall refrain from using the well <br /> for water supply or other purposes. <br /> 2. ADDITIONAL DETAILS <br /> A. LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto <br /> that each party shall carry such general liability insurance as will protect its interests in said <br /> facilities, and protect itself in the event of injury to persons or property involved in the use of <br /> said premises by said party. Each party shall furnish to the other party upon demand, <br /> satisfactory evidence of insurance. <br /> B. INDEMNITY: The County shall, to the extent allowed by law, indemnify and hold harmless <br /> and defend the Conservancy, its agents and employees from any claims, cost, expense, <br /> liability, action or judgment, including attorney's fees, arising out of or related to any <br /> personal injury, death or property damage with respect to the negligent use of the premises <br />