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~ ~ <br />i. Completion of all work to relocate the water pipeline to the <br />satisfaction of San Francisco. City will not execute the Easement Amendment <br />until .written confirmation is received from San Francisco that all punch list items <br />for the relocated water pipeline have been completed, evidencing San Francisco's <br />intent to accept the relocated water pipeline upon execution of the Easement <br />Amendment. <br />ii. Arrangements for and provision of title insurance to San <br />Francisco insuring San Francisco's new easement area. <br />iii. Coordination of execution of the Easement Amendment by <br />San Francisco, subject to section E below. <br />D. BIC shall undertake all obligations of Buyer in Section 3(b) of the <br />Water Pipeline Easement, including but not limited to guaranteeing all work <br />related to the water pipeline that was performed by BIC or its contractor or <br />subcontractor for a period of two years from the date of acceptance by San <br />Francisco. BIC shall provide a maintenance bond in the amount of not less than <br />ten percent the value of this water pipeline relocation work, which amount shall <br />be approved by the City. <br />E. Upon receipt of written confirmation from San Francisco that all <br />punch-list items are complete and evidence that a maintenance bond has been <br />obtained, the City shall execute and acknowledge the Easement Amendment and <br />deliver it to BIC in order for BIC to coordinate the execution of the Easement <br />Amendment by San Francisco. <br />2. Indemnity. The following shall be included in its entirety as Section 4, <br />"Indemnity," to the Agreement: <br />4. Indemnity. <br />BIC shall indemnify, defend and hold harmless City, its Councilmembers, <br />officers, agents, employees and contractors from all demands, claims, legal or <br />administrative proceedings, looses, costs, penalties, fines, lines, judgments, <br />damages and liabilities of any kind arising from the relocation of the waterline or <br />failure of BIC to faithfully perform any of its obligations under this Agreement, as <br />amended. <br />3. Effect on Agreement.. All other terms of the Agreement remain in full force and <br />effect. <br />FIRST AMENDMENT TO CASTLEWOOD WATER PIPELINE AGREEMENT <br />Page 2 of 3 <br />