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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 'I <br />23 <br />24 I <br />25 <br />26 <br />~~ Project: Flower St. Bike Trail <br />Agreement No. D08-xxx <br />necessary to access, construct, and maintain DISTRICT flood control facilities. The CITY acknowledges that <br />the DISTRICT retains the right at the DISTRICT's sole and absolute discretion to use the Premises for the <br />purpose of removing sediment and debris from DISTRICT facilities, and to perform channel construction and <br />repairs or conduct other maintenance activities from and within the Premises. DISTRICT should provide <br />CITY with one working day notice of the need to temporarily close the facility for such work unless <br />emergency conditions require immediate action by DISTRICT. <br />4.3. EMERGENCY RESTRICTIONS ON USE <br />CITY agrees that Director of RDMD or his designee may temporarily suspend public use of Premises if <br />Director determines, in Director's sole and absolute discretion that emergency conditions exist such that use <br />of Premises by the general public present a risk to the general public's health, safety or welfare. DISTRICT <br />shall notify CITY as soon as practicable of the emergency condition but within at least one working day of the <br />emergency condition. <br />ARTICLE 5 <br />PR®I'IIEITE® USES <br />5.1. MOTORIZED VEHICLES <br />CITY shall not allow any non-District or non-City motorized vehicles, except maintenance vehicles, to <br />operate within the Premises. <br />5.2. HAZARDOUS MATERIALS <br />CITY shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or <br />used in or about the Premises. CITY shall promptly take all action, at its sole cost and expense, as is <br />necessary to clean, remove and restore the Premises to its condition prior to the introduction of such <br />Hazardous Material, provided CITY shall first have obtained Director's written approval and the approval of <br />any necessary governmental entities or agencies for any such remedial action. <br />As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste <br />which is or shall become regulated by any governmental entity or agency, including, without limitation, <br />25B-~ <br />