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D. Hold DISTRICT harmless from any claims arising from <br />use by the public of the area of common use. <br />IT IS FURTHER UNDERSTOOD AND AGREED: <br />1. That this Agreement is subject to all valid and existing <br />encumbrances of record, and is subject to the prior and <br />paramount right of DISTRICT its successors and assigns <br />to use the area of common use for flood control purposes. <br />2. That except as expressly set forth herein, the Agreement <br />does not alter, modify, or terminate an estate of DISTRICT <br />in and to its rights of way. <br />3. Both CITY and DISTRICT shall use the area of common use in <br />a manner which will not unreasonably interfere with the rights <br />of the other. <br />4. This Agreement shall inure to the benefit of and be binding <br />upon the successors and assigns of both parties. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement <br />to be executed by their respective officers thereunto duly authorized. <br />APPROVED AS TO FORM: <br />Stanford D. Herlick <br />County Counsel <br />County of San Bernardino <br />By <br />Deputy <br />ATTEST: <br />BY <br />ecretary, Board of Supervisors <br />San Bernardino County <br />Flood Co 1 District <br />f <br />aty Attorney <br />SAN BERNARDINO COUNTY <br />FLOOD CONTROL DISTRICT <br />By <br />Chairman, Board of Supervisors <br />San Bernardino County <br />Flood Control District <br />CITY F REDLANDS <br />By�� <br />yor <br />ATTEST: <br />