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<br />Reach One in the area of the ne'" channel control weir and sediment <br />retention basin as stated above and, in consideration of that <br />Federal participation outlined under Paragraph 3 of this contract, <br />provides lands and interests therein necessary for flood control <br />purposes in Reach One, as shown on Exhibit A. The City agrees to <br />acquire the lands and interests required for Reach One, or show <br />possession as required by Colorado law on or before the 31st day <br />of December, 1978, unless such possession is delayed by proceedings <br />in an Appellate Court, but in any event to acquire such lands and <br />interests on or before the date the construction work in Reaches <br />Two and Three is completed,prevent any encroachments in needed <br />floodplain detention areas of Reach One which would reduce their <br />capability for flood detention and perform without cost to the <br />State, in conjunction with providing all real estate interests, <br />all necessary removal, alteration, modification, or relocation of <br />existing bridges, streets, highways, and utilities that are <br />required for Reach One. <br />b. Hold and save the State of Colorado free from damages due <br />to the construction, operation and maintenance of Reach One, <br />'. <br /> <br />except where such damages are due to the fault or negligence of <br />the United States, State of Colorado or their contractors. This <br />hold and save includes, but is not limited to the acquisition of <br />lands and interests therein in lieu of Federal-performed channel <br />improvements in Reach one, including the maintenance and operation <br />of the floodplain detention areas. This hold and save harmless <br />clause shall not extend to the city officials in their individual <br />capacities. <br />c. Maintain and operate the sediment detention basin and the <br /> <br />-3- <br />