ORANGE COUNTY FLOOD CONTROL District (2) -1998

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Project Edna Park - City of Sarlld A7';; Projf'ct No. [F03464 Facility E01, Parcel 1 !'ill 1 -- Agreement No. D97-116 {Formerly No, C7G7} 3 AMENDED and RESTATED AGREEMENT FOR USE OF ORANGE COUNTY FLOOD CONTROL DISTRICT PROPERTY 4 This Amended and Restated Agreement replaces Agreement No. C767 in Its entirety, and is made and entered into this Qj':j- day Of~, 1998. BY and BETWEEN (-J The Orange County Flood Control District, a body corporate and politic, hereinafter referred to as "DISTRICT," 8 9 AND ~O The City of Santa Ana, a municipal corporation, hereinafter referred to oS "CITY." II Which are sometimes hereinafter referred to individually as "PARTY" or jointly as "PARTIES." I/' RECITALS 14 WHEREAS, DISTRICT owns certain real property, hereinafter referred to as "PROPERTY," located in the 15 City of Santa Ami, which has been determined to be not yet required for the needs of DISTRICT, and which is shown b on Exhibit "A," attached hereto and incorporated by reference herein: ,md j WHEREAS, in accordance with the Orange County Flood Control Act, DISTRICT's Board of Supervisors, 1 determined previously that recreational use of the PROPERTY would not impair or diminish Its existing or probable 1'-) future use requirements for flood control or water cunservation purposes; and 20 WHEREAS, on January 15, 197::, DISTRICT and CITY entered into Agreement C767, hereinafter to b 21 referred to ::IS "Original Agreement," wherein CITY, at no cost to DISTRICT, was given the rigtlt tu Bnter, develop and use the PROPERTY as a CITY park facility for a period of twenty-five (25) years, pruvided that the plans tor sLlch 23 recreational use be subject to careful review by DISTRICT; and 24 WHEREAS, the term of s::Iid Original Agreement expired on January15, 1998, and since that time the CIT /'~ has expressed a willingness to continue to operate and maintain the public park facility, more commonly known a Hmm:erlniipk!sa (rev4/15)