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Agreement No. 012-015 Stkoways and Traffs in the City of Santa Ana WHEREAS, CITY may in the future desire to construct bikeway and trail improvements adjacent to Greenville Banning Channel (D03), Santa Ana River Channel(E01), Santa Ana Delhi Channel (F01), and Santa Ana Gardens Channel (1702)within DISTRICT's right of way within CITY's boundaries, as -7 depicted on Exhibit D, WHEREAS, CITY desires to enter into this AGREEMENT with DISTRICT for the operation and maintenance of all existing and future recreation improvements, except raglonal bikeway/trail system along Santa Ana River which is currently operated and maintained �y CSC Parks, including but not limited to the improvements included within the PLAN shown on Exhibit A, completed bikeway adjacent to DISTRICT's Santa Ana-Delhi Channel (F01) shown on Exhibit 8, Edna Park shown on Exhibit C), adjacent to Greenville Banning Channel (D03), Santa Ana River Channel (E01), Santa Ana Delhi Channel (Fol), and Santa Ana Gardens Channel (F02) within DISTRICT's right of way In CITY's boundaries (hereinafter collectively referred to as "RECREATION IMPROVEMENTS") and adopting a process for DISTRICT" to process encroachment perrnits allowing CITY to design and construct the RECREATION IMPROVEMENTS as funding becomes available; and WHEREAS, DISTRICT has determined that the recreational uses and RECREATION IMPROVEMENTS proposed and/or constructed by CITY will not impair or diminish existing or probable future requirements for flood control protection provided such RECREATION IMPROVEMENTS are constructed in accordance with DISTRICT requirements as determined by DISTRICT ill its sole discretion and RECREATION IMPROVEMENTS are designed, constructed, operated, maintained and used in accordance with the terms and conditions of this AGREEMENT. NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: The Intentions of the PARTIES as described in the above recitals are incorporated into this AGREEMENT. - Page 2 of 23-