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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />Project: Flower St. Bike Trail <br />Agreement No. D08-xxx <br />expenses. CITY agrees that in an emergency situation which threatens the public's health, safety or welfare <br />as determined by Director in his sole and absolute discretion, Director shall be permitted to cause the repair, <br />replacement or restoration of DISTRICT's improvements without prior notice to CITY and CITY shall be <br />solely responsible for the cost of such repair, restoration or replacement in accordance with the procedures <br />described above. <br />8.5. MAINTENANCE OF CITY IMPROVEMENTS <br />CITY shall be solely responsible at its sole cost and expense for the operation, maintenance, repair, <br />relocation, and/or replacement of CITY's improvements on Premises. <br />8.6. DISTRICT's Rights to Remove/Relocate CITY Improvements. <br />If Director determines CITY Trail Improvements need to be modified, relocated or removed in whole or in parl <br />to permit DISTRICT to operate, maintain, modify, enlarge, reconstruct, repair and/or replace DISTRICT'S <br />adjoining flood control facilities, DISTRICT shall notify CITY in writing and CITY shall modify, relocate or <br />remove all or a portion of CITY improvements as directed by DISTRICT at CITY's sole cost and expense <br />within one hundred twenty (120) calendar days of the date of DISTRICT'S written notification to CITY or <br />within a longer time period if agreed to by Director. <br />CITY agrees that in an emergency situation which threatens the public's health, safety or welfare as <br />determined by Director in his sole and absolute discretion, Director shall be permitted to cause modification, <br />relocation or removal of all or a portion of CITY improvements without prior notice to CITY. DISTRICT will <br />endeavor to notify CITY of its intent to remove CITY improvements as soon as practicable but in no case <br />shall such notice be provided greater than one week after DISTRICT modifies, relocates or removes such <br />improvements. <br />CITY agrees that if any of CITY'S improvements are disturbed, damaged or removed by DISTRICT during <br />the course of DISTRICT's operating, maintaining, repairing, improving, restoring, or enlarging DISTRICT'S <br />improvements on Premises, CITY shall be responsible for replacing, repairing, restoring or removing CIT' <br />improvements to the satisfaction of Director solely at CITY'S expense. <br />25B 810 <br />