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<br />- <br />Project" Erin;; Park - City of Santa Ana <br />Project No. EF03464 <br />Facility E01, f-'arcel15Ul <br /> <br />governmental entities. As used her-ein, the tenn "toxic or hazardous material" means any tOXIC or hazardous <br /> <br />- <br /> <br />Agreement No. 097-116 <br />(Form~rly No. C767) <br /> <br />" <br /> <br />substance, material, or waste which is or shall become regulated by any governmentAl entity, including withau <br /> <br />limitation, DISTRICT acting in its governmental capacity, the State of California or the government of the United <br /> <br />.; StAtes of America. <br /> <br />.'l 7) acknowledge that the primary purpose of PROPERTY is for flood control, and accordingly, <br /> <br />6 CITY agrees to f81ease DISTRICT from any and all damages, costs, and expenses arising out of or relating to <br /> <br />7 UclfTlage to CITY property, or damage or injury ot any kind to CITY's invitees, lir;ensees, employees, agents <br /> <br />:l resulting from overflow conditions or erosion along the adjFlr;ent r;hannels, except to the extent caused by the willfu <br /> <br />'-i or sole negligence or misconduct of DISTRICT. <br /> <br />~ 0 b, DISTRICT shall: <br /> <br />11 1) designate the DIRECTOR to be DISTRICT's liaison for all mAtters pertaining to thi <br /> <br />12 Amended and Restated Agreement <br /> <br />2) retain the right to enter on or disturb the surface or sub-surface of the PROPERTY at an <br /> <br />4 time in order to maintain, repAir, reconstruct, or enlmge the flood control facility. DISTRICT shall only be <br /> <br />responsihle for restoring any section of ttle affected PROPERTY to the same grade or level that existed prior to <br /> <br />l.\J <br /> <br />DISTRICT's entry on PROPERTY, and is not responsible for replacing park improvements <br /> <br />17 <br /> <br />3) r-eview this Amended and Restated Agreement periodically for the purpose of determiflirlg <br /> <br />ttl<olt CITY's usage of PROPERTY IS not 111 consistent with DISTRICT's existing or proposed future uses for th <br /> <br />19 PROPERTY, <br /> <br />:'(: 4) be responsible for acquiring or granting easements, <'HId/or making adjustment{s) to the <br /> <br />)1 boundary lines, as deemed necessary in order to carry out DISTRICTs duties, responsibilities and/or the plJrpose <br /> <br />r) <br /> <br />of the Omnge County Flood Control District Act. If necessary, any such changes and/or adjustments to the <br /> <br />23 boundary lines shall be ac.;complished upon mutual agreement between the PARTIES, in writing and in ac..;cordance <br /> <br />2,1 with Paragraphs 5 and 12, (NOTICES AND ENTIRE AGREEMENT! MODIFICATIONS), respectively, below, and <br /> <br />r, shallllot require additional Board Action <br /> <br />Hmm.f:.'dndpk/5a <br /> <br />s <br /> <br />(rev4/15) <br />