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06/06/2023 Regular & HA
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Correspondence - Non-Agenda
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6/7/2023 4:42:21 PM
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City Clerk
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6/6/2023
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Ag. 1'Gement Me.D12-015 <br /> Bikeways and Trails in Hie City of Santa Ana <br /> DISTRICT's facilities; (3)where the design shall be based on established criteria and standards <br /> and all other applicable rules and regulations governing the design and construction of this type <br /> of bike trails, Approval of the plans and specifications of RECREATION IMPROVEMENTS shall <br /> be within DIRECTOR's sole and absolute discretion. CITY acknowledges, however, that the <br /> design of RECREATION IMPROVEMENTS was/will not be prepared by DISTRICT and that <br /> DISTRICT's approval of the plans and specifications shall not be deemed the approval of <br /> RECREATION IMPROVEMENTS safety, suitability for the bike trail purpose or any other <br /> purpose, or compliance with the engineering requirements of any governmental agency or <br /> regulation. Consequently, CITY agrees that CITY is solely and absolutely responsible for design, <br /> construction and operation of RECREATION IMPROVEMENTS, <br /> Said plans and specifications shall be submitted by CITY for DISTRICT's review via an <br /> encroachment permit application through OC Public Works'County Property Permits section and <br /> shall be subject to applicable permit and inspection fees, <br /> 8.3. OTHER APPROVALS FOR RECREATION IMPROVEMENTS <br /> CITY shall be responsible at Its sole cost and expense to secure and comply with any other <br /> approvals required to construct, operate and/or maintain Its RECREATION IMPROVEMENTS. <br /> DISTRICT is not responsible for obtaining any such approvals nor shall DISTRICT be named as <br /> co-applicant in any regulatory agreement or permit applications. <br /> CITY and DISTRICT mutually agree that DISTRICT, as the property ownerleasement holder, <br /> authorizes CITY to serve as the Legally Responsible Person (LRP)defined by the Construction <br /> General Permit(COP), Order No. 2010-0014-DWQ for CITY's RECREATION IMPROVEMENTS <br /> on PREMISES.CITY shall be responsible, at its sole cost and expense, to comply with all <br /> requirements by the State Water Resources Control Board. <br /> CITY shall be responsible to satisfy all the requirements of any such agreements and/or permits <br /> and satisfy any conditions imposed by any regulatory agency for the issuance of any such <br /> approvals. CITY shall not agree to any conditions that impose any obligations on DISTRICT. <br /> - Page 9 of 23 - <br />
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