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Agreement No.D't 2�015 <br /> Bikeways and Trails in the City of Santa Ana <br /> ARTICLE 3 <br /> 3.1. <br /> Director of Orange County Public Works Department or his designee, hereinafter referred to as <br /> "DIRECTOR,"shall be DISTRICT's representative in all mutters pertaining to this AGREEMENT. <br /> 3.2. CITY REPRESENTATIVE <br /> The Santa Ana City Manager, or an authorized designee, hereinafter referred to as"CITY <br /> OFFICER" shall be CITY's representative in all matters pertaining to this AGREEMENT. <br /> ARTICLE <br /> USE OF PREMISES BY CITY AND GENERAL PUBLIC <br /> 4.1. PERMITTED USES <br /> CITY shall be permitted to use the PREMISES to build, operate and maintain RECREATION <br /> IMPROVEMENTS for use by the general public. <br /> 4.2. CITY'S RIGHTS ARE NONEXCLUSIVE <br /> CITY's use of the PREMISES shall be nonexclusive and CITY acknowledges that the primary <br /> purpose of DISTRICT's right of way, including, but not limited to PREMISES is for flood control <br /> purposes and to protect the safety, health and welfare of the public, Consequently, DISTRICT <br /> reserves the right in its sale and absolute discretion to use the PREMISES as necessary to <br /> access, construct, improve, expand, enlarge, repair, and maintain the DISTRICT flood control <br /> facilities, and all other purposes permitted by law. At its sawn expense, CITY shall be responsible <br /> for the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the <br /> RECREATION IMPROVEMENTS whenever DIRECTOR determines such RECREATION <br /> IMPROVEMENT on PREMISES conflicts with DISTRICT purpose as described above, and CITY <br /> agrees to indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT harmless <br /> from any and all claims, losses, or liabilities, arising from alleged injury or damage to persons or <br /> -Page 4 of 23 R <br />