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s~roject: Flower St. Bike Trail Agreement No. D08-xxx <br />1 AGREEMENT <br />2 This AGREEMENT ("AGREEMENT") is made and entered into as of the day of , 2008, <br />3 BY and BETWEEN <br />The ORANGE COUNTY FLOOD CONTROL DISTRICT, a <br />4 body corporate and politic, hereinafter referred to as <br />"DISTRICT", and <br />5 <br />The CITY OF SANTA ANA, a charter city, <br />6 hereinafter referred to as "CITY," <br />7 <br />8 which are sometimes individually referred to as "Party," or collectively referred to as "Parties." <br />g RECITALS <br />10 WHEREAS, CITY has received a grant from the California Department of Transportation ("State") under the <br />11 State's Bicycle Transportation Account Grant Program to build and maintain a bike and pedestrian trail (Trail <br />12 Improvements) so as to provide increased opportunities for outdoor recreation for members of the general public; <br />13 WHEREAS, CITY desires to place the Trail Improvements on property owned by DISTRICT to complete the <br />14 bike trail constructed on property owned by CITY; <br />15 WHEREAS, CITY desires to enter into an agreement with DISTRICT for the use of DISTRICT property that <br />i <br />16 complies with the land tenure requirements of the State's Bicycle Transportation Account Program; and <br />17 WHEREAS, DISTRICT has determined that the recreational uses and Trail Improvements proposed by the <br />18 CITY would not impair or diminish existing or probable future requirements for flood protection provided such Trail <br />19 Improvements are constructed in accordance with DISTRICT requirements and the Trail Improvements are <br />20 constructed, operated, maintained and used in accordance with the terms and conditions of this AGREEMENT. <br />21 <br />22 NOW, THEREFORE, DISTRICT hereby permits CITY the use of the Premises described below on the terms <br />23 and conditions hereinafter set forth. <br />24 I /// <br />25 /// <br />26 /// <br />25B-3 <br /> <br />