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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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Agreemank No,D12-015 <br /> 81keways and TraI15 in the CRy of Santa Ana <br /> for the cost of such repair, restoration or replacement in accordance with the procedures <br /> described above. <br /> M61NTENANCE OF RECRg6,Tj8!0QNUj1MKMPR0VEMENTG <br /> CITY shall be solely responsible at its sole cost and expense for the operation, maintenance, <br /> repair, relocation, and/or replacement of RECREATION IMPROVEMENTS on PREMISES, <br /> DISTRICT'S RIGHTS TO RE-it O—Vg/—RE-LDC—Af-k WE—&?.E#ATION IMPROVEMENTS <br /> Parties acknowledge that DISTRICT's 7-Year Plan, which Indicates DISTRICT facilities to be <br /> Improved within seven (7) years, may require removal or relocation of RECREATION <br /> IMPROVEMENTS. DISTRICT shall notify CITY if DISTRICT's plans will Impact RECREATION <br /> IMPROVEMENTS. If DIRECTOR in his sole and absolute discretion determines use of CITY <br /> RECREATION IMPROVEMENTS must be prevented for any reason, or must be modified, <br /> relocated or removed in whole or in part, DISTRICT shall notify CITY in writing and CITY shall <br /> modify, relocate or remove all or a portion of RECREATION IMPROVEMENTS as directed by <br /> DIRECTOR at CITY's sole cost and expense within ninety days(90)calendar days of the date of <br /> DIRECTOR's written notification to CITY or within a longer time period if agreed to by <br /> DIRECTOR. CITY agrees that In an emergency situation which threatens the public's health, <br /> safety or welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR <br /> shall be permitted to prevent use of, or cause modification, relocation or removal of all or a <br /> portion of RECREATION IMPROVEMENTS without prior notice to CITY. DISTRICT will endeavor <br /> to notify CITY of its intent to remove CITY RECREATION IMPROVEMENTS as soon as <br /> practicable but in no case shall such notice be provided greater than thirty days(30)after <br /> DISTRICT modifies relocates or removes such RECREATION IMPROVEMENTS. DISTRICT <br /> shall close RECREATION IMPROVEMENTS to the public after any modification, relocation or <br /> removal of RECREATION IMPROVEMENTS until CITY and DISTRICT agree to re-open it. CITY <br /> agrees that if any of RECREATION IMPROVEMENTS are disturbed, damaged or removed by <br /> DISTRICT for proper DISTRICT purpose as described In Paragraph 4.2, above, CITY shall <br /> - Page 12 of 23 - <br />
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